Balamurugan a/l Suppiah

CASE FACTS

Balamurugan A/L M. Suppiah (the deceased) was arrested along with two of his friends at Jalan Batu Belah, Klang because the car they were riding was suspected of involvement in a vehicle robbery, and were brought to the Bandar Baru Klang Police Station. While at the police station, the deceased was interrogated by personnel and officers from the IPD Klang Utara’s Crime Investigation Department. The statements by the witnesses revealed the occurrence of violence at the time. Witnesses also heard shouts as if from physical abuse and shouts calling for help while preparing the police report in the Crime Prevention Branch Room. 

The deceased and his friends were brought to IPD Klang Utara at 10.45 pm and placed at the Detainee (OKT) Special Area / Ruang Khas Orang Kena Tahan (OKT) at the Detective’s Office, Crime Investigation Department, IPD Klang Utara. The next morning, at 3.45 am, the deceased and his friends were brought to the Shah Alam Centralised Lock-up, before being brought to the Klang Magistrate Court for the application of a remand order. The remand order request was denied by the Magistrate as the deceased was in a weak and unhealthy state. The Magistrate also ordered for the deceased to be brought to a hospital for treatment. 

However, the deceased was brought back to the Crime Investigation Department, IPD Klang Utara. The deceased was then placed at the foyer of the Detective’s Office whereas the other detainees were placed at the Detainee Special Area. On orders from senior officers, the deceased was re-arrested on suspicion of involvement in another case. However, no relevant police reports were lodged, or new arrests made. 

At around 7.00 pm, the deceased was found to have urinated in his trousers and was cleaned and changed by another detainee. The other detainee was ordered to place the deceased in the Detainee Special Area before being transferred to the Shah Alam Centralised Lockup. At around 11.00 pm, police officers found the deceased unconscious in the Detainee Special Area. Medical assistance was then requested and informed to senior officers. At around 12.10 am, a Medical Assistant pronounced the deceased dead. At around 5.00 am, the Coroner arrived for the joint examination with the Selangor Contingent Headquarters (IPK Selangor) Forensics Team. The Coroner later on ordered for an autopsy to be performed.

INVESTIGATION

The Enforcement Agency Integrity Commission (EAIC) conducted an investigation into the death of Balamurugan A/L M. Suppiah (S. Balamurugan, the deceased) while under detention by the Crime Investigation Department, Klang Utara District Police Headquarters (IPD Klang Utara) on 7 February 2017. Three public hearing sessions were held in Putrajaya on 15 – 18 May, 5 – 8 June and 10 – 11 July 2017, respectively. The public hearings were chaired by Yang Arif Datuk Yaacob Haji Md. Sam (Former EAIC Chairman) along with three EAIC Commissioners, namely YBhg. Dato’ Sri Robert Jacob Ridu, Mr. Lee Sow Siong and Mdm. Leong May Chan and was attended by observer attorneys from the Bar Council of Malaysia, attorneys representing the family of the deceased as well as representatives from the Ministry of Home Affairs (KDN), the Royal Malaysian Police (PDRM) and the Human Rights Commission of Malaysia (SUHAKAM). Throughout the hearings, 46 witnesses were called to deliver their statements, while 108 exhibits including the autopsy report, photographs and documents regarding the Bandar Baru Klang Police Station, IPD Klang Utara and Shah Alam Centralised Lock-up, Inspector General of Police Standing Order (PTKPN), Standard Operating Procedures (SOP), permanent orders and other relevant documents were brought forth. 

RESULT

Documentary and witness statements revealed that the cause of the deceased’s death based on its medical terminology was coronary artery disease with multiple blunt force injuries. This is also corroborated by the statements of a witness who saw the deceased slapped in the face and punched in the chest, as well as the statement from the witness who heard screams of pain and shouts for help from the area behind the Bandar Baru Klang Police Station Inquiry Counter. 

EAIC found that there were violent acts or conducts by PDRM officers and personnel that may be linked with, or have caused, the death of the deceased while under custody of PDRM. The Commission recommends for the Attorney General’s Chambers (AGC) to consider criminal charges against the police officers and personnel identified, for their use of violence on the deceased.

Nonetheless, no one has been convicted for his death.

SOURCE

(1) Enforcement Agency Integrity Commission (EAIC) 2018 Annual Report