Thursday, April 09, 2009

kaytee's thoughts on Najib's cabinet

Malaysiakini - Najib names his new cabinet.

Boring! Still unnecessarily and excessively large and unwieldy as before, but WTF can Najib do when he has to please everyone, especially the (important) component parties and his own UMNO factions. He still isn't strong enough to stamp his authority and really really slash the numbers down.

Anyway ... I am AGAINST the following people being appointed to the new Najib’s cabinet, with my reason placed against their names:

Koh Tsu Koon – bloke lost in the March 08 general election which means the rakyat didn’t want him, but Najib has allowed him to enter the cabinet via the Senate backdoor, against the people’s wish.

Ng Yen Yen (ooopsy, solleee sweetie Yen Yen, not you, my mistake ;-), thanks to reader Klaw) Chew Mei Fun – ditto

Sharizat Abdul Jalil – ditto

Obviously Koh TK's appointment is a concession to the Gerakan Party, which was almost annihilated in the last general election.

As for Yen Yen Mei Fun, I suspect Najib made another concession, this time to the MCA, in the hope the party will have a bit of ‘face’ to … er … ;-) ... face … the Chinese voters again, to persuade them to return to their traditional support for the BN.

Most certainly the deciding factor of the Chinese electorate, as witnessed in the Bukit Gantang by-election, must have convinced Najib to nurture this strategic area ... hence the concessions to both MCA and the Chinese-dominated Gerakan Party.

But alas, Najib must have believe MIC Humpty Dumpty and PPP Kayveas have no further contribution to make, not with (i) Hindraf already cornering the Indian support and (ii) the disaster in Bukit Selambau despite a PKR blunder in allowing Anwar Ibrahim to personally select unpopular Manikumar.

As I had remarked in my earlier post No ketupat in Selambau ...

... strangely (again, as reported by Malaysiakini), though PKR has done well in almost all the non-Malay areas, the sole exception seems to be the predominantly Indian area of Bukit Lembu, meaning the PKR candidate has enjoyed principally strong Chinese support.

I guess like in Kuala Terengganu, the DAP should (again) be thanked for its sterling work and contribution to a PR victory. The DAP has been pulling more than its share of its political weight without those grandiose but meaningless and useless 'big' announcements ;-)

Perhaps we may one day (soon?) see a Hindraf senator. But poor Kayveas ... quo vadis Aneh? As for Humpty Dumpty, poorah and don't forget your topee ;-)

Biggest loser is of course new UMNO Youth chief, Khairy Jamaluddin, who has been deliberately marginalised. To add insult to injury, Najib has appointed KJ's deputy in UMNO Youth, and far far worse for dear Khairy, Mukhriz Mahathir, who lost to KJ in the UMNO Youth party election, to the new cabinet.

If that is not a gross insult, I don’t know what is!

I do wonder whether KJ would have committed suicide if Najib had also appointed Khir Toyo as well wakakaka, but alas, the Disneyland junket was far too big to permit that.

But wait, perhaps there may still be hope for Khairy. Look, he can use what has been touted as his knowledge of Rosmah Najib being at the scene of Altantuyaa’s murder, yes, use that knowledge to 'bargain' his way into the strategic position of, say, Home Minister where he can then control the police ... and subsequently arrest Najib and all his rivals wakakaka.

But but how, you may ask?

Well, remember Raja Petra Kamarudin (RPK) and his Statutory Declaration?

I had blogged previously in
The R-A-H-M-A-N prophesy - to be fulfilled or forestalled? (relevant extracts):

RPK also revealed in his Stat Dec: “I have knowledge of who has informed me of this matter plus I have knowledge of the Ruler who has been briefed and is aware of the matter but I have agreed that I shall not reveal this information other than mention that the Prime Minister and his son-in-law have been handed a written report confirming what I have revealed.”

This is fantastic, that … AAB and KJ had received a written report about Rosmah’s […]

But WTF then, based on RPK’s declaration, what’s AAB and KJ waiting for?

Indeed, Khairy, go for it, and don’t let yourself or RPK down.

Hey, you can start off your threat by informing the press that you will be making a 'BIG', no, even 'BIGGER' announcement that will have a ‘direct or indirect bearing’ on Najib Abdul Razak becoming the prime minister.

And they better front up or face the wrath of their editors for missing out on your GODZILLA-ish announcement wakakakakakakakaka.


  1. KT

    Its no shocker.
    Indeed it is a slap in the face for KJ.
    Even his deputy and the Puteri Umno girl got to be deputy ministers.
    Mukhriz is in to appease or mend the fissure in Umno Youth.
    Tun Dr M must love Najib more now.
    Najib deserves his silence.
    If you look at it, Mukhriz is part of the solution not the problem.
    As for Khairy, he's got several crosses to bear.
    Ah well, he's only 32. Lots of time to re-invent himself.
    Being an intelligent guy, he can work on his image and correct the negative perceptions surrounding him.
    My beef is why is Rais still there?
    Not bad ya for a man who burnt his bridges a long time ago and still survive three PMs.
    Koh Su Koon, okayla since he's from Gerakan, the face of a multi-racial party.

  2. Could you have mixed up Ng ¥ ¥ with Chew Mei Fun?
    Not that I like her, but she was voted in by the people.

  3. Najib must now treat Sabah well-the FM post is a good start but the substance must be there. I mean at least provide the funds so we can have a hospital again in KK!!! Use some of that commission $$$ from all the dodgy defnce deals bos!

    If the substance is there then it'll be hard for PR to make inroads as development is enough to bribe the people-worked well in west malaysia for years while we in the east have been marginalised. Lets see if Najib treats us with some seriousness.

    Obviously as an oppositionm man I hope he cocks it up. Even better that he does it well but the people are still smart enough to vote opposition! Won't happen though...BN to continue their grip on power in the east for a while yet.

  4. Thanks Klaw, my mistake ;-) - corrected!

  5. Chaptemoc

    It's amazing it's taken you this long to realize MIC and PPP are finished. It was so in March 2008.

    Even the sleeping PM told PPP they can go and pointed out clearly where the ddor was. PPP responded that Kayveas was away in USA and would respond on his return. That was I think in January. We have yet to hear a peep from Kayveas who we must judge by his silence when attacked by Ali Rustam at his own AGM. A clear case of No Cojones!

    PKR could have fielded a dead rat at Bkt Selambau and the Indians would have voted it in; such is their anger at Samy Velu/MIC and UMNO/BN.

    As for the Wooden Cabinet, it does not matter to most of us if KJ is in or not or Muk or Muhy or Koh for the matter. None of them is fit to hold Public Office.

    We are all witnessing the long awaited demise of UMNO/BN. Some have front row seats; others don't care if they are in the theatre. Ther are happy that it is happening.

    Btw, we are also witnesses to three of the greatest cover ups in recent living memory. The Alt..opps can't say that, that Chinese Mongolian bitch Aminah Baginda case, the Digi Prepaid Health report on Sighfools' 'no sodo mee' case and also the Digi Prepaid Health report on 'no trauma but kidney, lung or heart failure don't know which'on the accidental death of 'suspected but sure guilty one' Coogie. Lol

  6. donplaypuks,

    "None of them is fit to hold Public Office"

    So ex-convict and sodomite are fit to hold the PM office?

    Your dream will be dash, soon he will be in jail again........

  7. Hi Ktemoc

    Did you hear about the latest
    Dr M joke floating around in cyberspace?

    He is Malaysia's "Minister Tormentor"

    Such wit! What wicked humour!

    P.S. I think "a neighbouring country" has one too :)

    Phua Kai Lit

    Phua Kai Lit

  8. Hi Ktemoc

    Allow me to post one more message:

    "Old political strongmen (like TDM and LKY) don't fade away, they just hang around and endlessly torment (err ... I mean mentor) their successors"

    Phua Kai Lit

  9. This comment has been removed by a blog administrator.

  10. chaptokam said...

    It didn't take this long to realize that . Matter of fact , Its just that I don't comment on MIC and PPP and I particularly refer Samy Vellu as that Sultan from Tamil Naidu who owns [deleted]. And just look at the joker's son Vel Paari ( hope got my spelling right ) I am sure [deleted] the death of his former PA . Many of us don't like Samy for his patronage of Indian [deleted.

    Take the case of someone bashing up his Deputy for his presence during the Maika AGM .
    Look at how he treated Pandithan and all those who challeged him !

    And for PPP guy , no SPINE !! if anyone asked me or my party to get lost or to get out , I"ll walk out . I think this says it all .

    PKR could have fielded a dead rat at Bkt Selambau and the Indians would have voted it in; such is their anger at Samy Velu/MIC and UMNO/BN.

    This is one of the reasons why BN lost . If you go back the last few articles ( KT has been posting 2 a day , sometimes only one in three days ) I mention though I didn't exactly say which partly , that UMNO wants back that seat due to the Malay majority in that area . They will claim back that seat from MIC . To do that MIC has to lose in Bukit Selambau and that's why you have 13 independents with seven of them ex UMNO guys .

    On the DG announcement on the Kugan's case , I don't believe its a cover up . What he's is saying ( from memory )he is disputing the second pathologist findings which is the cause of Kugan death . The panel of independent pathologists came from a few countries and are experts in their field . I know one of them very well , a Datuk Bhupinder Singh from Penang GH . Their disputes is that Kugan could not have died from beating with flexible hose which the second expert linked his death to the beating that caused renal failure .
    I have seen people in accidents which are in worse conditions as you can imagine , but somehow they did not die from their injuries .

    I wouldn't want to question their expertise and judgement in their fields and their report as I am in no position to do that .

    10:27 AM, April 10, 2009

  11. Thanks for your reply Ktemoc. I appreciate it.

    There's no way any panel of experts can determine cause of death from an armchair look at two conflicting post mortems, without themselves examining the body.

    The 1st PM was an insult to the medical profession as it did not mention condition of kidneys or seriousness of blunt force trauma marks and other injuries all over the back. Whether it was caused by flexible hose, rubber or wooden truncheons, I leave to the experts.

    Then that peculiar note by Digi Preapid Health that heart expansion cannot be detected in 30%of young men. What a clanger! Dug himself into the ground!

    No, Digi Prepaid Health's verdict is an exercise in semantics designed to confuse the public, the AG and let I Polis Raja off the hook.

    As in the Altantuya case, theere is a floating, niggling question.

    Why did the AG declare the death as MURDER before the 2nd PM was out? You can't say this AG is pro-Rakyat and so a pronouncement like this clearly shows he had other info which he is now likely to back-track on given Digi Prepaid Health's superb fix up job!

    I think there are over a hundred cases of such deaths in police custody where no PM was done (as mandatorily required by law) and mentioned in the police RCI.

    We will allow such whitewash as Digi Prepaid Health's actions to stand at the risk of turning 1 M'sia, 1 Nation into a totalitatrian Police State!

    Remember this is the same guy who said Sighfool's MR from Pissrawwee Clinic stating 'no sodo mee' evidence was inconclusive although attended to by a doctor of 15-20 year's experience.

  12. donplaypuks

    That reply was by me with all the ( deleted )comments . That's why the one posted by KT under chaptokam writes had those comments by me deemed slanderous deleted .

    Why did the AG declare the death as MURDER before the 2nd PM was out?

    The AG is correct in declaring the death as MURDER . Anyone who dies an un natural death is classified as murder . But the thing in dispute is WHAT IS THE CAUSE OF THE DEATH thereby classifying it as murder .
    The DG is disputing the CAUSE OF DEATH as announced by the second pathologist .
    They are saying the death is not caused by beating with flexible hoses , wheres the second examiner says due to the beating , he suffered trauma from the beating leading to renal and multiple organ failure .

    As to the Ist pathologist who did the examination , I have no comments on his professionalism .

    As to your comment " There's no way any panel of experts can determine cause of death from an armchair look at two conflicting post mortems, without themselves examining the body."

    Are you so sure they didn't examine the body ! Come on don't make assumptions without knowing the facts . Assuming is a dangerous word when it comes to life and death . When people assume and its taken as fact , innocent people has been sent to the gallows for crimes they did not commit .

    And btw KT thanks for not deleting my whole comment .

    Maybe next time I should leave the reply to KT under chaptemoc . wakaka........

  13. This comment has been removed by the author.

  14. Folks

    I don’t think elevating a senator is legally, logically or ethically wrong. To claim that a minister must have people’s mandate doesn’t make sense. In fact being an elected representative places additional responsibilities that affects his/her ministerial performance.

    I do like Koh Tsu Khoon even though he wasn’t the best CM (neither was he as bad as the Cheap Minister). KTK has the brain power, experience and credibility that no one in Pakatan can even come close. If a GD holder in Malay Lit can be the DPM, I can’t see a Phd holder like KTK can’t be a minister.

    The same can be said of Sharizat and Mei Fun as well. They proved their worth during their previous tenures as ministers. They also have credibility in spades.

    As for PPP, I agree that it is a mosquito party and better of disbanded. Do you guys know that Kavyeas’ real name is Subramaniam and he was a MIC member before? I am serious, I am not joking.

    As for MIC the situation is a bit different. It is true that Samy is a liability and should have retired before the GE. But it is also unfair to accuse him as someone who failed the community. He worked tirelessly and I don’t think there was any leader quite as good as him for the Indians so far in Malaysia. He is a sort of Indian Mahatir. But the problem with him was that he was dictatorial, promoted cronyism and highly protective of his loyal supporters.

    His MIC enemies got hold of a few Tamil papers (Tamil Osai, Nanban,etc) and attacked him mercilessly by publishing sensational “news”. It can be shocking to read these papers. I don’t think even Harakah or Malaysia Today can come close to the venom and total biasness of these papers. These papers were used by Hindraf folks to kill MIC eventually. It will be interesting to know that most of Hindraf leaders were DAP and PKR members who used Hindraf cover to destroy MIC/BN.

    I think the 2nd level MIC leaders are very capable (Devamany, Saravanan,etc) and ready to take over from Samy. These leaders also have the credibility and popular. That’s why probably 60 to 70% of Indians in Bkt Selambau and Bkt Gantang voted for BN.

    As for Vel Paari, his relationship with Sujatha was well known. Her suicide said to be triggered by her pregnancy. But Vel Paari did not kill her but the allegation was made by Manikavasgam aka Mike, the PKR MP for Kapar. In any case Mike’s in trouble since the libel case against him coming up soon for making this reckless allegation. My prediction is that Mike will be in big trouble. And KT will be interested to know that Mike is very close to the GSOS.

  15. Chaptemoc

    Didn't you read what was published in all the MSM that Kugan's father has volunteered to did up the body himself for a 3rd PM if needed?

    Digi Prepaid Health and his 9 commies DID NOT EXAMINE THE BODY AT ALL. The body is still 6 feet underground!

  16. Chaptemoc,

    This is from a doctor's posting in Malaysiakini. Read & weep at Digi Prepaid Health's total cover up!

    "Kugan's death: Myocarditis highly
    A Sad Doctor, Apr 10, 09 5:07pm

    I refer to the Malaysiakini report Kugan's case: Unsettling questions remain and Blunt force trauma did not cause Kugan's death.

    Health Ministry Director-General Dr Mohd Ismail Merican may have breached the very medical ethics he is entrusted to protect as president of the Malaysian Medical Council.

    His press conference is clothed in medical terminology to confuse the layman as to the cause of A Kugan's death and to try to shift the blame to somewhat natural causes. As a result, the perpetrators may escape the serious charge of murder.

    Worse still he implies Dr Prashant S Ambekar relatively lack of experience had contributed to mistakes in his postmortem findings but this without calling Prashant to explain.

    The anonymous armchair panel which he secretly constituted did not see the body or the wounds. They had only two postmortem reports to dwell on. Let me explain in simple language what it is all about.

    Pulmonary edema (layman terms water in the lungs ) is the end result when the water collects in the lungs, literally clogging it and patient does not get enough oxygen to sustain his life and dies.
    This will happen commonly in two situations.

    1. The heart cannot pump the blood out of the lungs; or

    2. Too much water is retained in the body when the kidney does not function and the heart is unable to cope with the extra load and it get fatigued. Doctors called it heart failure.

    The first postmortem report by Dr Abdul Karim Tajuddin which certified death due to pulmonary edema was correct and it was also the finding of Prashant. But Karim did not go further than that; he did not ascertain why the patient had pulmonary edema.

    Prashant did a more comprehensive postmortem and reported that the kidney tubules were almost completely blocked with myoglobin (a protein from muscle). This normally happens when the muscle breaks down due to crush injuries or extensive blunt trauma to the body.

    It’s not necessary to have organ damage or skeletal fractures. Moreover, Prahant did not find anything abnormal with the heart; neither did Kugan have a heart attack or an infection.

    Merican agrees that nothing was abnormal with the heart but claimed Kugan may have had myocarditis.

    Myocarditis is an infection of the heart caused mostly by viruses and in seventy percent of those who die of myocarditis, postmortem findings can be negative so it can be applied conveniently to Prashant's findings.

    Myocarditis is relatively rare in Malaysia and I have seen less than five cases in healthy adults for the last 25 years in practice.

    Studies in the US have shown that only 1.3% of sudden death is attributable to myocarditis, while 38% die to breakdown of muscles (rhabdomyolysis) after blunt trauma.

    This is a glaring example of how the poor and marginalised can never get justice in Malaysia."

  17. donplaypuks

    First of all, I would be very cautious of giving much credence to a letter published in PRkini. The credibility of the writer is unknown and what compromises it further is the tone of the letter which itself political than objective or academic.

    I think you are missing the point here on the PMs. The board was not meant to do another PM but examine both PM reports to establish the discrepancies found. While the 1st doctor was fully cooperative, the 2nd one was evasive. So one wonders why the 2nd doctor was uncooperative if he feels he has done the right thing. You need to understand that the board consisted of foreign experts with vast experience and not just reps from MOH and MMC.

    The problem with some people including Kugan's family is that they already concluded that the death was caused by beating and no doctor in the world would convince them otherwise.

    Read below the report by MOH :

    "Dr Abdul Karim had concluded earlier that the victim had died from Pulmonary Oedema due to repeated injury to the body with a blunt object.

    Dr Prashant stated the cause of death as Acute Renal failure due to Rhabdomyolysis due to blunt trauma to skeletal muscles.

    He added that the second autopsy was not complete as the pathologist had failed to do a toxicology report for drugs and alcohol.

    "He said that first autopsy was complete and that the toxicology report came out negative."

  18. Killer

    You are dreaming.

    The 2nd doctor was not vague or unco-operative. They did not call him but got a warrant to confiscate his files by the police! if you had read other newspaper reports you will note that the 2nd Toxicology is pending since it was sent overseas for evaluation.

    You need 10 doctors to review 2 PM reports and then come with
    'expanded heart which cannot be detected in 70% of cases'? What kind of expert shit cop out is this?

    It was not only Kugan's family that claimed foul play, but also THE ATTORNEY GENERAL OF MALAYSIA GANI PATAIL who said it was 'MURDER' before the 2nd PM, as published in every leading newspaper in M'sia!

    Please man, don't put your own Spin doctoring into this issue. It was also this same Digi Prepaid Health who said in Sighfool's cast that the 'no sodo mee' evaluation by a Muslim Burmese doctor of 20 years experience was not conclusive! We know where Digi's loyalties lie, whose cojones he's carrying, don't we?

  19. donplaypuks

    Care to provide the source for your claim that the 2nd pathologist was not called by the board ? (I mean creditable source and not by some fat alcoholic blogger).

    Please do not confuse the issue. The toxicology report was pending when the 2nd PM was released. It means the 2nd PM provisional. And until today the report is still inconclusive and the tests were not completed. As such the release of the 2nd PM was highly unethical and quoting from it is highly misleading. I am providing my source below.

    Also the reasons for police seizing the files and samples are already been explained.

    And the reasons for AG classifying the case as murder also has been explained in the media, it is just that you chose to ignore it.

    1st Link :

    "It has to be emphasised that the autopsy report by Dr Prashant is a provisional report because he has not completed the autopsy as the toxicology is still pending, as stated in his report," he said.

    "Ismail said the committee, which was chaired by Kuala Lumpur Hospital senior consultant forensic pathologist Dr Mohd Shah Mahmood and comprised nine other local and foreign doctors including those from Singapore and Saudi Arabia, also found that both pathologists who did the post-mortems had no intention of misleading or hiding any information on the findings."

    2nd link :

    KUALA LUMPUR: Attorney-General Tan Sri Abdul Gani Patail has asked the police to classify the death of suspected car thief A. Kugan as murder for investigation purposes.

    He said he met Deputy Inspector-General of Police Tan Sri Ismail Omar who brought photographs of Kugan, taken by both the police as well as outsiders who had gone into the Serdang Hospital mortuary.

    “After studying the photos and investigation papers, I suggested to the Deputy IGP to classify the case under Section 302 of the Penal Code.

    “If investigations and the post-mortem report reveal that he died after being assaulted, than those responsible will be charged with murder.

    “If there is no evidence to suggest foul play than the matter must be laid to rest and also should not be politicised,” he said

  20. KIller,

    My apologies. I concede I misread that part about the 2nd PM doctor not being invited; he declined as it was not a public inquiry.

    As to creditable sources of information from other than "fat alcoholic bloggers" I quote the following which tells you that Digi Prepaid Health's conduct and decision are mischievous and not to be trusted!

    Kugan's family rejects panel's findings, wants justice to be served
    9 Apr 2009

    KUALA LUMPUR: The father of A. Kugan says he does not accept the findings of the independent committee which investigated the two conflicting post-mortem
    reports on his son's death.

    G. Ananthan said he was willing to exhume Kugan's body, if need be.

    "If you want a third post-mortem, I will dig up his body," he said, adding that he and his wife N. Indra were at their wit's end and just wanted justice.

    Speaking to reporters yesterday, they questioned what else was needed for the authorities to arrest those responsible for Kugan's death.

    Teluk Intan MP M. Manogaran said the family had not cremated Kugan's body for fear that the matter would not be resolved.

    Kugan, 22, died five days after he was detained on Jan 15 and an autopsy by the Serdang Hospital on Jan 21 gave the cause of death as ''acute pulmonary oedema''.

    The family sought a second post-mortem, which was conducted by Universiti Malaya Medical Centre (UMMC) pathologist Dr Prashant Samberkar on Jan 25. He
    gave the provisional cause of death (pending toxicology report) as ''acute renal failure due to rhabdomyolysis (the breakdown of muscle fibres resulting in the release of myoglobin into the bloodstream) due to blunt
    trauma to skeletal muscles''.

    The conflicting reports led the Health Ministry to set up the independent committee, which on Tuesday concluded a third cause of death - acute congestion of the lungs due to acute inflammation of the heart muscles, compounded by blunt force trauma.

    The family's counsel N. Surendran called the findings a "whitewash" and pointed out that the 10-man committee made their findings without conducting a post-mortem on the body.

    Surendran also said police were unethical when they confiscated samples, documents and pictures related to the UMMC post-mortem on Monday. He said a letter of demand had been sent for the return of the items.

    Kugan's case: Unsettling questions remain. David KL Quek | Apr 9, 09 12:33pm

    It is laudable that the Ministry of Health had taken the preemptive move to help diffuse the public anger regarding the custodial death of Kugan Ananthan, especially in the light of discrepancies between two separate

    Whether an inquiry initiated on its own behalf is the correct avenue to address the public unease about this custodial death, is open to differing interpretation, acceptance or otherwise.

    Any inquiry if it should be made at all should be carefully-constituted, thoughtfully empanelled and well-empowered by law. Its terms of reference
    must be made absolutely clear. It must uphold the final truth.

    It must be based on facts and rational analyses of findings which are consistent, and which should be striving towards the ultimate truth of what actually is the cause of death or its contributing factors.

    It should not be simply to water down discrepancies which would need fuller explanation and perhaps further elaboration from the actual forensic pathologists who had performed their respective tasks. These pathologists
    should be allowed to defend their findings and interpretations.

    Furthermore, more expert and renowned forensic pathologists should have been invited to give their interpretations as to the facts of the findings and their weightage of causes of death, especially since there had been
    unmistakable evidence of torture, i.e. undeniable beating marks and
    unexplained bruises. These experts should be fiercely independent and thus unimpeachable.

    Most importantly, this inquiry held behind closed doors, should not be seen to be papering over any misdeeds of any authority which it may be perceived as trying to defend.

    Also, since this is not a public hearing and we know that the second
    pathologist declined to take part in the inquiry, this may make the report less than solid or above reproach. Seniority of pathologists is no measure of professional competence. Forensic evidence based on previous precedents and specialist experience, and not conjectures should be the essence of any
    meaningful truth-finding exercise.

    It is usually disingenuous and pointless to assume another chance event as having taken place to be the cause of death, just because it is possible. Suggesting the unlikely pathologically- unevidenced diagnosis of acute
    myocarditis is simply conjecture. Whichever is more probable and plausible is usually the truth, to paraphrase the legendary Shelock Holmes.

    Doctors are alarmed by seizure. Unfortunately, because of these glaring slants to the report, questions will continue to linger as to whether this report is truly independent and whether all the inquiry members are in agreement with the findings.

    The legal standing of the report is still questionable, and may be
    challenged in a proper court. It might be better to have a public inquiry where all queries and representation can be made known to the satisfaction of the public, and especially, the victim's family.

    To add salt to injury, doctors are aghast and very alarmed that the police had raided the UMMC pathologist's office and taken the material records of his autopsy findings. We are also shocked about media reports that tissue
    samples for toxicology which had meant to be sent to an independent
    laboratory in Australia had been intercepted and seized by the police.

    Toxicological studies should always be allowed to enable proper and independent discovery of the truth. Denial of such a legitimate avenue for forensic finding would prejudice against the police, and make their action that much more difficult to accept or to tolerate.

    Therefore, this arbitrary seizure is reprehensible, unprecedented and
    certainly breaches normal procedures of medico-legal discovery. Usually only detailed reports are obtained from court-approved injunctions and demands.

    Medical records and details are nominally the property of the physician in charge or the facility where he practices, and should only be made available
    under a court order, and are usually never confiscated or seizable by any enforcement authority.

    There are clear procedures to be followed, and are well articulated in handbooks for the police and enforcement authorities, clearly established by the UN Center for Human Rights. I'd like to reiterate that: "International
    humanitarian law prohibits the following acts in all situations: - murder; - torture; - corporal punishment; - mutilation; -outrages upon personal
    dignity; - hostage-taking; - collective punishment; - executions without
    regular trial; - cruel or degrading treatment."

    Such extrajudicial actions should never be made in a climate of intimidating circumstances just because these events may mar the good name and professionalism of the police force.

    It is difficult to comment when the DG of Health decides to come forward and announce this so-called independent inquiry, which incidentally incorporates
    two foreign specialists. At best this inquiry had added to the confusion of being a third interpretation into this sad case of custodial death and did
    not refute the probability of torture.

    Adhere to humanitarian principles

    Any custodial death in any instance the world over, is inexcusable, wrong and criminal. The UN Human Rights Committee has defined "Extralegal, arbitrary or summary executions as deprivation of life without full judicial
    process, and with the involvement, complicity, tolerance or acquiescence of the government or its agents. This includes death through the use of excessive force by police or security forces."

    Torture is further defined by the United Nations Human Rights Committee (UNHRC) and its Committee against Torture (CAT as: "Any act committed with intent to cause severe pain or suffering, whether mental or physical, for
    purposes such as: (a) obtaining information or a confession; (b) punishing, intimidating or coercing."

    Therefore, torture of any one suspect or detainee or prisoner is never condoned, whether this leads on to death is immaterial (but which only adds to the grievousness of the crime), and is liable for prosecution in any
    international court of law.

    Kugan's custodial death and other possible past custodial deaths should be given a truly independent investigation by a publicly open Royal Commission
    or Inquiry or even by Suhakam.

    It is time that we adhere to humanitarian principles as we grapple with our modernisation to become a developed people and nation. Our human development
    index as a civilised nation must necessarily rise proportionately.

    We call on the police and law enforcement agencies to respect these tenets of modern life and human rights and urge them to abide by these nondiscriminatory rules as a norm. Only then, can we believe and respect their true and usual professionalism again.
    DR DAVID KL QUEK is past editor-in-chief of the MMA (Malaysian Medical
    Association) News for 11 years and currently president-elect of the MMA.

  21. KIller

    The following are clear about Digi's Inquiry & statement:

    1. It was not independent as it was appointed by the Digi and had no clear terms of reference.
    2. They did not examine the body.
    3. The opinion of myocarditis was pure bull shit soap opera stuff.
    4. The 2 Pathologists did not testify or defend their PM conclusions
    5. They glossed over the external injuries and damage to the body. They did not consider at all that Kugan (a suspect, not a convicted criminal) was probably tortured and deprived of food and water.
    6. The seizure of the 2nd OM docs and especially the Toxicology samples by police is highly suspicious and an interference with due process and rights of Kugan's family and 2nd PM doctor.

    I could go on. But my opinion of Digi is not based just on this case. Let's take a break till more info surfaces!

  22. donplaypuks

    I think you are missing the point. The fundamental issue is why would the 2nd pathologist release the PMR when the toxicological tests were not completed ? This is a clear breach of medical ethics and one that really calls for the integrity and impartially of the pathologist.

    On the contrary the 1st pathologist report was complete and attended the enquiry and gave full cooperation. So why would the 2nd pathologist refuse to cooperate unless he has something to hide ? Whether the enquiry is public or private, justice must be served and as a medical practitioner the 2nd pathologist is duty bound to cooperate.

    While Dr David KL Quek's points are worth considering, I think he misses the point by allowing politics to cloud his medical training.

    The Independent Board was formed purely to investigate the discrepancies between the 2 PMRs and not to establish the cause of death. However, the board did not detect any major flaws otherwise it would have requested for another PM.

    I think David also misses the point that this is a criminal case that has to be handled via the legal process and not some academic issue that needs an another Independent to establish the truth.

    As for alleged seizing of sample, this is ridiculous. We were told the samples were sent to Australia weeks ago and what they are still doing in UMMC ? This is just routine evidence gathering and one I am sure would have been done the 1st PM as well. My guess is that the 2nd pathologist refused to give up the documents and samples as he didnt want his findngs to be challenged and found flawed.

    In any case, the lawyers for Kugan can always challenge the evidence in court. At the same token I bet the suspects lawyers will roast the 2nd pathologist alive. I suggest you follow that case closely to see what happens.

    I think the fundamental question is that Kugan's family and PR supporters would only accept beating as the cause for his death and to the hell with objective finding.

    Even the independent board's finding that beating was a contributing factor failed to satisfy them.

  23. You, Digi Prepaid Health and 11cops must be just about the only M'sians who thinks Kugan's primary cause of death was the result of a shock to the system from an excess of a tea-party like atmosphere at the police station which so overwhelmed Kugan that it led to Pulmonary Oedema with an undetectable temporary expansion of the heart!

    As to the damage to the kidneys, perhaps it was the teh tarik, rojak and curry tambah that did it!Lol!

    Dream on!