Eight months on, no arrests in Taiping inmate's death, investigator reassigned

The investigating officer into the death of Taiping Prison inmate Gan Chin Eng, who died on Jan 17, has not been actively working the case for the past four months.

ASP Siti Nor Rasyidah M. Nadzri told a Human Rights Commission of Malaysia (Suhakam) public inquiry into alleged human rights violations at Taiping Prison on Jan 17 that although the case was classified as high-profile, no arrests have been made. She added that she was transferred to the state’s traffic department on May 5.

She said no arrests have been made so far despite police questioning 214 witnesses, including inmates, prison officers, forensic experts and next-of-kin. Siti Nor Rasyidah, 41, said she was informed only last week that another officer would be taking over the case.

The witness also revealed she had to wait several days to receive the closed-circuit television (CCTV) recording of the incident at Taiping Prison, where 60 officers allegedly beat more than 100 inmates on Jan 17.

Suhakam chairman Datuk Seri Mohd Hishamudin Md Yunus is chairing the inquiry panel, assisted by commissioner Dr Farah Nini Dusuki.

Hishamudin: You were transferred on May 5.Siti Nor Rasyidah: Yes.Hishamudin: It is now September. Did you get any instructions to hand over the case to another officer?Siti Nor Rasyidah: I haven’t been instructed to. I was informed last week that someone would take over the case.Hishamudin: Since your transfer, have you followed up on the case?Siti Nor Rasyidah: Yes.

However, lawyer Andrew Khoo, holding a watching brief for the Malaysian Bar, asked Siti Nor Rasyidah why she had not followed up on the post-mortem report after speaking to Hospital Raja Permaisuri Bainun forensic pathologist, Dr Tan Lii Jye on Jan 19. She replied that she was waiting for the report.

Khoo: You spoke to him on Jan 19?Siti Nor Rasyidah: Yes.Khoo: Do you have his telephone number?Siti Nor Rasyidah: Yes.Khoo: It didn’t occur to you to give him a call and ask for the report?Siti Nor Rasyidah: No, it didn’t.

Hishamudin: You have testified that this is considered a high-profile case.Siti Nor Rasyidah: Yes, because it involves a government agency and civil servants.Hishamudin: Would it be fair to say you are not investigating the case wholeheartedly?Siti Nor Rasyidah: I disagree.

Questioned by family counsel Yoges M. Verasuntharam, Siti Nor Rasyidah admitted she did not know the CCTV system at Taiping Prison had an audio option.

The inquiry also learnt from her that:

Meanwhile, Dr Tan, who conducted the post-mortem on Jan 19, said Gan’s injuries were consistent with someone being beaten while prone on the floor, squatting or sitting cross-legged.

Gan, he said, had suffered six internal injuries and two external injuries on his back and thumb. Dr Tan added it was unlikely the injuries were self-inflicted or caused by a fall.

Dr Tan revealed Gan’s liver was ruptured and he had lost 1.4 litres of blood. He said the only way for Gan to sustain the seven injuries he observed was if he had fallen on a flat surface seven times.

Suhakam’s assisting inquiry officer Abdul Rahman Abdullah asked Dr Tan if Gan could have died from a fall.

Abdul Rahman: So, you ruled out that he died because he fell?Dr Tan: I can’t 100 per cent rule it out, but there is a left elbow injury that could have been caused by a fall, but it is a small injury, measuring 1cm by 1cm. But the body injuries penetrated deep inside. They don’t tally with a fall. There was also a cut on the right thumb.

Abdul Rahman: So, the pattern of injury is not consistent with a fall, correct?Dr Tan: It is not reasonable to say he fell seven times on a flat surface.

He determined the cause of death as an abdominal injury due to blunt trauma, with atherosclerosis as a secondary cause.

Abdul Rahman: What type of force can cause these injuries?Dr Tan: I suggest blunt force. There was no visible pattern. I can confidently say blunt object, but not what kind.

Asked if the injuries could have been caused by CPR, Dr Tan said it was not possible as they showed Gan was attacked from behind.

Abdul Rahman: Could it have been caused by someone beating or kicking?Dr Tan: Looking at the injuries, I can suggest the impact was from behind. If he were standing, the injuries would not have been so bad, as he would have moved forward after the first blow.

Abdul Rahman: What if he was lying against a wall?Dr Tan: If lying against the wall, there would be nowhere for the body to go, and it would absorb the full impact of the blow. Another scenario is if he were lying prone on the floor.

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