LFL questions custodial death probe under ‘grievous hurt’

Lawyers for Liberty (LFL) has questioned the police’s decision to probe a custodial death under the offence of voluntarily causing grievous hurt to extort a confession, insisting that the case should be investigated for murder.

LFL director Rania Aljunied, representing Noorizwan Zulkefly’s family, said the current classification was unacceptable as the 42-year-old had died from his injuries.

Noorizwan’s autopsy reportedly found 21 serious injuries, including generalised brain haemorrhage, internal abdominal bleeding and extensive swelling from his skull to the soles of his feet.

“When injuries voluntarily inflicted result in death, the offence is no longer one of hurt. It is murder,” Rania said in a statement.

“The classification of an investigation must reflect the harm that actually resulted. Investigating a death as ‘grievous hurt’ treats a man who has been killed as if he had survived … Noorizwan is dead.”

Rania said the police had acknowledged that Noorizwan suffered external injuries consistent with blunt-force trauma, and that these were not self-inflicted.

She said a senior pathologist had also informed the family, their lawyers and two Bukit Aman officers on Oct 12 that Noorizwan died from blunt-force trauma to the head, resulting in generalised bleeding in the brain.

The injuries reportedly covered several parts of his body, including his head, eyes, ears, shoulders, back, arms, thighs, knees and feet.

Rania said the evidence warranted a murder investigation, adding that the classification should reflect the severity of the harm caused.

She also asked why police had charged motorists who allegedly caused deaths while driving under the influence of alcohol with murder, while Noorizwan’s death was being investigated as grievous hurt.

“The law must be applied fairly and proportionately; to do otherwise would be contrary to the rule of law,” she said.

Rania rejected suggestions that the pending full autopsy report would delay a murder investigation, saying further laboratory tests could establish whether other factors contributed to the death but would not negate the pathologist’s findings on blunt-force trauma.

She urged Inspector-General of Police Khalid Ismail to immediately reclassify the case and investigate it under Section 302, and called on the attorney-general to intervene.

Noorizwan was arrested on Sept 19 in connection with investigations into drug possession, theft and a break-in. He was detained at the Cheras police headquarters before being taken to Hospital Canselor Tuanku Muhriz UKM on Sept 30. He was pronounced dead the following day.

On Tuesday, Bukit Aman criminal investigation department director M Kumar said the case was being investigated under Section 331, and that police had yet to obtain the full autopsy report to confirm the cause of death.

Kumar also said authorities were identifying the policemen involved in handling Noorizwan during his detention and pledged a professional investigation with no cover-ups.

Noorizwan’s death had renewed calls for the establishment of the Independent Police Complaints and Misconduct Commission.

Subscribe to our newsletter and get news delivered to your mailbox.