‘Taiping Prison officers acted inappropriately, a culture of indiscipline, weakness in top management’

The inmate transfer incident at Taiping Prison on Jan 17 was the result of mismanagement, poor planning, an unclear chain of command, and a failure to adhere to standard operating procedures.

Karmegan Kamachi Pillay, a Taiping Prison Sergeant who has served at the facility for the past 10 years, said his fellow officers acted inappropriately when confronting prisoners in Hall B, adding that many of his colleagues were indisciplined.

Karmegan, 48, was testifying at the Human Rights Commission of Malaysia’s (Suhakam) public inquiry into alleged human rights violations linked to the incident. The inquiry panel is chaired by Suhakam chairman Datuk Seri Mohd Hishamudin Md Yunus and Suhakam commissioner Dr Farah Nini Dusuki.

Asked by Suhakam’s assisting inquiry officer Simon Karunagaram if the officers’ actions were warranted, Karmegan replied they were not.

“I was asked to negotiate with the prisoners to get them to move from Hall B to Block E. I asked the prisoners to nominate a spokesperson and spoke to one of them – Arumugam,” said Karmegan.

“He informed me the prisoners were against moving to Block E as they were more comfortable in Hall B. Block E didn’t have proper toilets and used the bucket system.”

Karmegan said he then told one Inspector Mustakhim that he needed more time to negotiate with the prisoners. Mustakhim left for the main office.

He added he was surprised when, after 30-40 minutes, Mustakhim returned with a group of officers – some carrying riot shields.

Simon: What happened next?

Karmegan: I was still trying to convince Arumugam to get the prisoners to move when Mustakhim entered the hall and shouted at them to sit down and put their hands on their heads.

Simon: Did anyone fight back?

Karmegan: No.

Simon: What happened next?

Karmegan: I heard Mustakhim raise his voice and ask, “Kenapa tak nak dengar? Kenapa tak nak pindah?” (Why are you not listening? Why don’t you want to move?) I was outside the hall at the time.

Simon: Did Mustakhim give them time?

Karmegan: I’m not sure.

Karmegan said he then entered the hall and tried to move some of the older prisoners outside.

Asked by Hishamudin if he did so because he feared the officers would act aggressively, Karmegan replied: “No, I felt sorry for them.”

Simon: Do you know why Mustakhim started hitting the prisoners?

Karmegan: I’m not sure. He didn’t tell me what he was doing, and he didn’t wait for me to complete negotiations.

Simon: When Mustakhim started hitting the prisoners, did they try to stand up?

Karmegan: No, they remained seated.

Simon: Did any prisoners attack the officers?

Karmegan: No, they didn’t.

Simon: In your opinion, were the officers’ actions justified?

Karmegan: No.

Simon: Did you see anyone else hitting the prisoners?

Karmegan: Yes.

Karmegan said he didn’t know what to do when officers started attacking the prisoners, including hitting those who were already handcuffed and using pepper spray on them.

He added that he, too, was affected by the pepper spray and had to unbutton his shirt.

Hishamudin: Do you think the management was not strong, and that is why the officers took matters into their own hands? Do you think there is a weakness in prison leadership?

Karmegan: Yes.

Hishamudin: Do you agree if I say there is a lack of discipline among some officers who think they are above the law and, in prison, they are ‘kings’?

Karmegan: Yes, some officers behave as such.

Hishamudin: How can we avoid a repeat of such an incident?

Karmegan: The management needs to send more officers for sensitivity and humanity training. They need to learn empathy and be more compassionate.

Earlier, witness Teuku Mohd Hasbi Tarmizi, 38, said the prisoners had demanded access to phones and better toilet facilities if they were to be moved from Hall B to Block E.

Teuku Mohd Hasbi, who is Taiping Prison’s Deputy Prison Administrator, said negotiations were ongoing when the incident happened.

He denied issuing any orders for officers to use body armour.

Asked by Suhakam’s assisting inquiry officer Aida Suraya Haron if he knew the prisoners didn’t want to move, Teuku Mohd Hasbi said yes.

Aida Suraya: So there were negotiations? What was the outcome?

Teuku Mohd Hasbi: They said they wanted to remain where they were.

Aida Suraya: What happened next?

Teuku Mohd Hasbi: I reported the matter to (Deputy Director of Taiping Prison) Shahrul Izzat (Hamid). He asked that we postpone the move. He told me to wait for further orders.

Aida Suraya: At what time did the new orders arrive?

Teuku Mohd Hasbi: After Friday prayers. After 2pm.

Aida Suraya: Why didn’t you report the matter directly to the director?

Teuku Mohd Hasbi: He wasn’t around at the time.

He added that Inspector Mustakhim later spoke to Shahrul Izzat, and then to the prison’s director, SAC Nazri Mohamed.

Aida Suraya: What was the outcome of the conversation?

Teuku Mohd Hasbi: I don’t know. I wasn’t privy to it.

Aida Suraya: What happened next?

Teuku Mohd Hasbi: I was informed the transfer was to go ahead as planned, and that there would be a briefing by Shahrul Izzat.

Aida Suraya: What was the briefing about?

Teuku Mohd Hasbi: I arrived late, but I heard him say the transfer would proceed as planned and asked us to follow SOP. I was surprised to see officers with riot shields.

Aida Suraya: Did you order them to wear body armour?

Teuku Mohd Hasbi: No, I didn’t.

Aida Suraya: Could it have been one of your supervisors?

Teuku Mohd Hasbi: I wasn’t informed.

He then said the Control and Prevention Unit marched to Hall B, but he did not follow and waited at the second gate near the body scanners.

Teuku Mohd Hasbi denied seeing doctors and medical assistants treating wounded inmates. He admitted he did not file a police report but said he saw a copy in his office, although he could not remember its contents.

He added that some people have better memory than others and admitted his was poor.

“I saw the report in January. It is now July, and I cannot fully recall it. I’m not sure whether it mentioned the death of Gan.”

On Jan 25,Twentytwo13 reported that 62-year-old Gan Chin Eng, a detainee, had died from abdominal injuries caused by blunt trauma during the incident.

The inquiry is investigating claims that more than 60 officers at the prison had assaulted more than 100 inmates, resulting in one death and many others being injured.

The inquiry at Suhakam’s headquarters in Kuala Lumpur continues tomorrow.

Main image: Datuk Seri Mohd Hishamudin Md Yunus (right) and Dr Farah Nini Dusuki.