The injuries on A Kugan, who was found dead in the Taipan-USJ police station on Jan 20, 2009, were inflicted by men from the D9 (Serious Crimes) division, a police sub-inspector admitted in the High Court in Kuala Lumpur.
However, Loh Voon Chye, 56, attached to the Subang Jaya CID, did not name the officer or the rank-and-file personnel involved in assaulting Kuga .
"There must be some people involved in causing the injuries," Loh said yesterday in reply to questions from Sivarasa Rasiah, who is appearing for Kugan's mother N Indra, in her RM100 million suit against the police and the government.
Indra (left) filed the suit on Jan 13 this year over Kugan's death, in which she named former Selangor police chief and present deputy inspector-general of police Khalid Abu Bakar, constable V Navindran, former Subang Jaya OCPD the late Zainal Rashid Abu Bakar, the IGP and government as defendants.
Loh was the supervisor at the Taipan police station where Kugan died on Jan 20, 2009 morning and was issued with a letter of warning after the incident.
Sivarasa: What was Kugan wearing when he was under detention?
Loh: He was wearing the orange lock-up attire, which is a long-sleeved shirt, and also long pants.
Sivarasa: Was he handcuffed, and also his legs, during the interrogation?
Loh: He was handcuffed but there were no cuffs on his legs. (Pictures from the Kugan autopsy report show his legs, too, were cuffed.)
Sivarasa: Look at the post-mortem report. There it is stated there were 45 injuries. Can you see them? Did you at any time between Jan 14 and 20 see the injuries?
Loh: No, he was fine and there were no signs of injuries.
Sivarasa: Look at the post-mortem report where the pathologist says there were external marks of injuries. There must be someone who had inflicted these wounds and injuries.
Sivarasa: I put it to you that the D9 fellows, maybe not you, did it.
Loh: I do not know.
Sivarasa: I put it to you since you admitted that someone had inflicted the wounds, it is the D9 officers who did it.
Loh: I agree, but I do not know who.
There were 11 officers from D9 then at the Taipan-USJ police station, which is not gazetted as a lock-up station.
Interrogators asked to feed victim
Loh also told the court that he and Inspector Faaezel Monir had instructed the interrogators to provide Kugan with food and drinks.
He admitted that he was instructed by one ASP Radzuan that Kugan was to be interrogated for 24 hours.
Questioned by Navindran's counsel, R Ramesh Sivakumar, Loh agreed that since there was no lock-up at the Taipan police station, Faaezal and he asked the policemen interrogating Kugan to provide him with food and drinks.
"They had to provide the receipt and either Faaezal or I would reimburse them from our own pocket money. We cannot claim this from the government," he said.
Asked by Ramesh whether this was the usual practice, Loh replied "yes" and said they had to fork out their own money to feed and provide drinks to suspects at the station.
To another question, he said he did not know whether Navindran, or anyone else, had hurt Kugan resulting in his death.
"All I know is that Kugan's death at 11.48am on Jan 20 was not during Navindran's watch as he (Navindran) was supposed to start work at noon," Loh said.
Navindran, who was convicted of causing hurt to Kugan, had earlier testified that he had been made a scapegoat by the police, and was blamed and charged for what had happened to Kugan.
Loh said he prepared the roster for the police and the interrogators who were to keep watch on Kugan between Jan 15 and 20.
Despite the instructions that Kugan was to be interrogated for 24 hours, he said, the suspect was given time to rest and sleep.
The hearing before Justice VT Singham continues on Dec 13.