Suhakam inquiry into alleged violence at Taiping Prison exposes contradictions in testimonies, lawyer urges commission to file police report

Lawyer T. Shashi Devan who is representing detainees from the Taiping Prison who were allegedly assaulted on Jan 17, hopes the Human Rights Commission of Malaysia (Suhakam) files a police report against Prison Department witnesses for giving false testimonies during the commission’s inquiry.

Speaking on the third and final day of the second session of a Suhakam public inquiry into alleged human rights violations linked to the Jan 17 incident, Shashi said families of the detainees, including the next-of-kin of a deceased, wanted justice.

He is representing 99 detainees including the family of 62-year-old Gan Chin Eng, who allegedly died from abdominal injuries caused by blunt trauma during an incident at Taiping Prison in Perak, Malaysia, on Jan 17.

On Jan 25, Twentytwo13 reported that Gan had died from abdominal injuries caused by blunt trauma during the Jan 17 incident. He was among 104 detainees who were transferred from the Batu Gajah Correctional Facility to the Taiping Prison on Jan 16.

“It is the opinion of the families that some of the witnesses (who are giving evidence at this inquiry) may not be disclosing accurately what happened on that day,” said Shashi.

“I humbly request that Suhakam’s conduct officers consider filing a police report against witnesses for knowingly providing false information.

“I would also like to request that the Prison Department initiate disciplinary action against officers who provide false testimony.”

Earlier, Shashi interrupted Raja Masrul Azan Raja Mansor’s testimony to remind him of Section 15 of the Human Rights Commission of Malaysia Act 1999, titled ‘Evidence before the Commission’ which reads:

(i): A person who gives evidence before the Commission shall, in respect of such evidence, be entitled to all the privileges to which a witness giving evidence before a court of law is entitled in respect of evidence given by him before such court.

(ii): No person shall, in respect of any evidence written or oral given by that person to or before the Commission, be liable to any action or proceeding, civil or criminal in any court except when the person is charged with giving or fabricating false evidence.

He added that Section 15 corresponds with Section 191 of the Penal Code on ‘Giving false evidence’.

“I would like to remind the witness that he has nothing to fear as long as he tells the truth of what happened on Jan 17,” said Shashi.

Raja Masrul Azan, a prison warden in Taiping, attached to the Control and Prevention Unit, had repeatedly denied acting aggressively or hitting inmates, or recording the actions of a group of officers who used force to move inmates from Hall B to Block E on Jan 17, despite video evidence showing the contrary.

Suhakam’s assisting inquiry officer Simon Karunagaram said the commission would consider Shashi’s request, while lawyers for the Prison Department said the same.

Earlier, another assisting inquiry officer from Suhakam, Aida Suraya Haron had repeatedly questioned Raja Masrul Azan regarding his role in the incident.

Aida Suraya: Did you see any officers acting violently (on Jan 17)?

Raja Masrul Azan: No, I did not.

Aida Suraya: Did you behave aggressively or violently?

Raja Masrul Azan: No, I did not.

Later, when shown closed-circuit television (CCTV) footage of the incident, Aida Suraya repeated her questions, and once again Raja Masrul Azan denied he acted violently.

It was then that Shashi interjected and the commission allowed a 15-minute break for Raja Masrul Azan to speak to legal representatives from the Prison Department.

When the inquiry resumed, Raja Masrul Azan admitted raising his baton, but “only to scare” the inmates.

When shown another footage of him appearing to kick an inmate, Raja Masrul Azan claimed: “I did not kick him, I lost my balance and it looks like I kicked him.”

He also stated he was using his leg to push the inmates, not kick them, saying “I did not swing my leg.”

Aida Suraya also questioned Raja Masrul Azan if he had used the prison’s mobile phone to record the officers’ actions, but he denied doing so, stating he was ordered to only “take photographs.”

Aida Suraya: Who ordered you to take the photographs?

Raja Masrul Azan: (Chief Inspector at Taiping Prison) Shafril Azmir (Mohd Shafie).

Simon then revealed that the first time Raja Masrul Azan spoke to Suhakam, in February, he denied using a mobile phone to take photos or record video footage.

Simon: How is it you forgot about it in February, but can remember in July?

Raja Masrul Azan: I forgot about it at that time.

Simon: Or are you picking and choosing what to remember? Do you agree that you are not being honest with your statements?

Raja Masrul Azan: I disagree.

To a question by Malaysian Bar representative, Andrew Khoo, Raja Masrul Azan said that the order from Shafril Azmir was against the prison’s rules and regulations.

Khoo: So why did you follow his instructions?

Raja Masrul Azan: I was only following orders.

Khoo: You knew it was wrong, but why did you still follow his orders?

Raja Masrul Azan: I am not sure.

Khoo: Why did you follow orders that are not right?

Raja Masrul Azan: I was just following orders.

Khoo: Do you mean if he were to give you another order that was not right, you would still carry out his instructions?

Raja Masrul Azan: Yes, I will obey the orders.

Earlier, the first witness of the day, Khairul Esmail Mohd Zawawi, 31, admitted he filed a police report at the Taiping police station around 8pm on Jan 17, alleging that a group of prisoners refused to accept instructions to transfer to Block E, acted aggressively and had caused a commotion in the facility.

In his report, Khairul Esmail, one of three Deputy Prison Administrators, the third-highest ranked officer at Taiping Prison, stated that the reason for filing the report was to prevent “anyone from trying to manipulate the situation”.

However, under questioning by Simon, Khairul Esmail revealed it was a move by the prison authorities to push the blame onto the prisoners.

Simon: Do you agree that your police report is not true?

Khairul Esmail: I agree that the report was not entirely true, based on the CCTV footage.

He also revealed that the report was made on the order of the prison’s deputy director, who was one of four persons who provided “facts” to be recorded in the report.

Like Raja Masrul Azan, Khairul Esmail initially denied attacking the inmates until confronted with CCTV footage.

During their testimonies, Khairul Esmail and Raja Masrul Azan were repeatedly reminded by the inquiry panel chairman Datuk Seri Hishamudin Yunus to tell the truth.

The inquiry at Suhakam’s headquarters in Kuala Lumpur will resume on July 23.

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