6 theSun | WEDNESDAY AUGUST 19 2009

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Court allows
application
for 2nd
post mortem
KUALA LUMPUR: The High Court yesterday al-
lowed an application for a second post mortem
by the elder sister of a man who died in police
custody on July 16.
Justice Datuk Mohamad Zabidin Mohd Diah
allowed the request by R. Ganga Gowri, 32, for
the post mortem to be conducted on Gunasega-
ran, 31, at the University Malaya Medical Centre
(UMMC).
Mohamad Zabidin also ordered a copy of the
report on the first post mortem conducted at
the Kuala Lumpur Hospital (HKL) to be handed
over to the applicant’s counsel within two weeks
from today.
However, he ruled that the coroner who
viewed Gunasegaran’s body before the post
mortem had followed the correct procedure
stipulated under the Criminal Procedure Code
(CPC) and, therefore, the court disallowed Ganga
Gowri’s application for a judicial review of the
coroner’s action.
He also disallowed the application for all the
cautioned statements recorded by the police
under Section 112 of the CPC, but allowed all
other relevant documents to be made available
to the applicant.
The court also ordered an inquest to be held
as soon as possible to determine the cause of
death. Earlier, deputy public prosecutor Anselm
Charles Fernandis said the prosecution did not
object to the main application for a second post
mortem since it was allowed under the law.
Gunasegaran died in police custody two
hours after being detained at the Sentul police
district headquarters lock-up for alleged drug
abuse. His body remains unclaimed at the HKL
mortuary. – Bernama
Anal injuries not caused by
torture, says pathologist
by Tan Yi Liang
newsdesk@thesundaily.com
SHAH ALAM: The anal injuries found on politi- jury will lead to a lot of bleeding,”
cal secretary Teoh Beng Hock were caused by he said, adding that there was no
his fall and not by any form of torture, the inquest sign of such bleeding when he vis-
into his death heard yesterday.
“In my opinion, the inju-
ries to the anus (were the
result of) the gluteal region
or buttocks of the deceased
impacting the ground dur-
ing the landing,” Universiti
Malaya forensic pathology
lecturer Dr Prashant Sam-
berkhar (pix), the 15th wit-
ness in the inquest, said.
Samberkhar, who last
month performed a post
mortem on Teoh along with
yesterday’s witness, Tengku
Ampuan Rahimah Hospital
Forensics Department senior
medical consultant Dr Khairul
Azman Ibrahim, said it was
“unlikely” Teoh could have
sustained the lacerations to his
anus through torture prior to
death.
“It is unlikely in this present
case because such trauma to the
anal orifice, with multiple tears
around the skin hole of the anus,
will be very painful. With such
pain, it would be unlikely for a
person to be able to walk to that Tan Hock Chuan, who is assist-
window and fall from a height. ing coroner Azmil Muntapha
“Apart from this, this kind of in- Abas, Samberkhar maintained
that Teoh most likely landed on
his feet based on his injuries.
With a fall from that height,
ited the Selangor Malaysian Anti- he said, if Teoh had landed
Corruption Commission head-first, the impact to the head
DAY 10 offices on the 14th floor would have burst the skull open,
g H oc k in qu est: of Plaza Masalam with and brain matter would have
Teoh B en Khairul on July 16 been splattered at the scene.
Who’s who and 22.
Teoh’s body was
Injuries to other parts and organs
of the body, which would have
Coroner found in a fifth floor passage of been cushioned by the head, would also be
pha
Azmil Munta the building on July 16, after significantly less than that found, he added.
Abas
having fallen nine storeys from During questioning by counsel Gobind
Government
ck Ch ua n the MACC office. Singh Deo, who is holding a watching brief
Tan Ho Samberkhar said another for Teoh’s family, Samberkhar admitted that
(counsel appoin
ted
by government) i theory that Teoh had been hit he had made a conclusion of suicide based on
m Abdul Ghan
DP P Id ha
on the head prior to his fall was pathological evidence and had not questioned
oh’s family
Lawyers for Te also unlikely as his head injuries Teoh’s family.
h De o
Gobind Sing could also have come from the “In most suicides, until a suicide note
S.N. Nair Si ng h shock of the fall. is found, it is for psychiatrists to look into
Ram Ka rp al
Lim Lip Eng h
“The injury to the top of the the psychological history of the deceased. I
Karpal Sing head occurred because of the would be in no position to say that there was
langor impact on the buttocks and the a suicide,” he said when asked why he had
Lawyers for Seent
state governm vertical force of that impact not questioned Teoh’s family.
z Sarwar
Malik Imtia iah going along the spine, which The day’s third witness, MACC deputy
Ashok Kandllai also caused a fracture of the enforcement officer Abdul Razak Hussein,
Sr ee ka nt Pi
a wa tching brief C4 cervical vertebra (at the said the political aide to Selangor executive
Lawyers ho ldi ng
neck). This force went through councillor Ean Yong Hian Wah seemed
Ba r Co un cil
for th e
the spine to the head, which “frightened” at his intention to seize his desk-
le d by Hisy am
12 lawyers who will take separated the midline and left top CPU and laptop for investigation.
Teh Po h Te ik
ily basis coronal suture of the skull. “I told him that MACC Selangor will be
turns on a da
“This appeared as a hairline seizing his laptop and desktop and Teoh
fracture to the right of the midline, so it seemed scared at the request,” said Abdul
is not clearly visible at the wall of the skull.” Razak, who spoke to Ean Yong on July 15
He concluded that Teoh was alive when in the presence of Teoh’s lawyer Kota Alam
he hit the ground, for the following reasons: Shah assemblyman M. Manoharan.
» the amount of soft tissue injury, bruising Abdul Razak said Teoh entered the MACC
and bleeding; office at 6pm and he left Teoh with four offic-
» 700ml of blood was found in the left chest ers who asked him questions on his family
cavity, and 100ml in the right. This amount of background and career. Abdul Razak said
bleeding, he said, can only occur if the person he left the office at 8pm before returning at
is alive at the time of impact; 12.45am on July 16.
» injury to the skull, especially the collection He testified that Teoh’s statement was rec-
of blood clots or a haematoma around the top orded from 1am to about 3.30am by an officer
of the head; and named Nazri. He said Teoh had been unre-
» subarachnoid bleeding on the right side of sponsive when he went into the room to check
the brain surface. on how the investigation was progressing.
When questioned by government counsel The hearing continues at 2pm today.

Cameraman explains jump

shots in video recordings
by S Tamarai Chelvi
newsdesk@thesundaily.com
KUALA LUMPUR: A cameraman told the high
court here yesterday that several jump shots in
the video recordings of lawyer Karpal Singh’s
press conference where he allegedly uttered
seditious words appeared because he was taking
“cutaway” visuals.
Third witness Adial Singh, 36, who is a part-
time cameraman with RTM explained that the
jump shots happened as he stopped the camera
to take “cutaway” visuals during the question-
and-answer session.
“I tried to take other angles but there were
many cameramen (around). He (Karpal) started
to answer questions and I continued to record
(him),” said Adial, during examination in chief by
DPP Noorin Badaruddin.
(In film, a cutaway is the interruption of a
continuously filmed action by inserting a view of
something else. It is usually, although not always,
followed by a cutback to the first shot.)
Adial said not all visuals of the press con-
ference will be used during the news. He said
“cutaway’ visuals with a voice-over will also be
played at that time.
Noorin was referring to several jump shots in
the video recordings, which was taken by Adial
on Feb 6, 2009. The video recording was played
back in the court last week during RTM reporter
Eliani Mazlan’s testimony in the sedition case.
The jump shots were pointed out by lawyer
Jagdeep Singh Deo, who is representing Karpal,
to the court.
Karpal was charged with uttering seditious
words between noon and 12.30pm at Messrs
Karpal Singh & Co at No. 67, Jalan Pudu Lama,
Dang Wangi on Feb 6, 2009.
During cross examination, Adial disagreed
with Jagdeep’s suggestion that the camera was
not working properly.
Jagdeep also questioned Adial on the “recy-
cling” of the tape. Adial agreed that the tape had
been recycled six to seven times, but denied
that it would result in the clarity being reduced.
Instead, he said the tape would be spoilt if it was
recycled too many times.
In his submission, Jagdeep said a lot of fac-
tors had to be taken into consideration before
the video recordings could be admitted as
evidence.
He said accuracy and continuity are two es-
sentials ingredients which prosecution had failed
to prove in this case.
He also pointed out that there were gaps in
the chain of custody for the tape, from the time
it was in the possession of reporter Eliani until it
was tendered in court.
“It is a complete failure on the part of the
prosecution to show it should be rendered ad-
missible and tendered as exhibit,” said Jagdeep,
adding they could not know if the tape had been
altered or tampered with.
Noorin, in her reply, said the witness Adial was
the “maker” of the tape. “This is the best possible
evidence available,” she said.
Judicial Commissioner Azman Abdullah will
deliver his decision on the admissibility of the
video recordings today.