The Malaysian Insight

A LIBERATION Tigers of Tamil Eelam (LTTE) suspect today testified on the alleged abuse he suffered at the hands of police during questioning two months ago.

Restaurant owner B. Subramaniam had his statement taken at the federal police headquarters after his arrest on October 13 for possessing materials, including a video, linked to the now-defunct terror group.

“When I was in the investigating room, there were four people. One of the men was wearing a silver bracelet and he kicked a water bottle. He was a big man,” the 57-year-old told Kuala Lumpur Sessions Court judge Azura Alwi.  

Subramaniam, who was dressed in a white shirt and uncuffed before taking the witness stand, spoke in Tamil.

“The officer had a cigarette in one hand, while another officer wrote things down.

“The room was small and air-conditioned. There was water on the floor, and they asked me to mop it up.

“They told me, ‘We are the kings here. We are not your workers. The walls are covered with blood, and don’t make us do that to you. Do you know, there have been people beaten up and thrown into the bush?’

“The officer who wrote things down told me that he came from Sarawak especially for this, and warned that if I did not cooperate with him, my family would be arrested and investigated.

“He said if I was beaten in the middle of the road and shot, police would find it hard to find me because I had many enemies.”

Subramaniam said he was questioned over a few days about a video, in which he is alleged to have used the word “pengganas” (terrorist).

“The officer who was writing was forcing me to confess and every day he used the word ‘pengganas’,” he said.

He said he was forced to sign several documents.

Subramaniam said he was told he would be jailed 30 years, but upon his confession, the police would work to have the jail term reduced to less than five years.

“The man with the silver bracelet told me that he has a relative in jail. He will make sure that I get a shorter jail sentence – less than five years and that perhaps… I could be out in three years.

During his questioning by police, Subramaniam said two officers would smoke and another two would use their vaping devices.

“Because the room was small, I could not breathe and I needed water. I looked at the cigarette box. The officer asked me why was I looking at the box and he told me he would slap me.”

Subramaniam said he was kept in isolation for a day. He added that medical officers checked on him thrice and they asked him whether he was beaten up.

Sumbramaniam told the court he was never physically assaulted by anyone.

“None of the investigating officers beat me up physically and they only mentally tortured me to confess about a video where I support terrorists. I don’t support terrorists. That is all.”

Azura asked him about his physical condition when he was examined by the doctor. Subramaniam said he was examined without his clothes three times during the 20 days he was detained.

“So you were not totally naked (bogel terus)? Nothing on?” asked the judge.

“Yes, the warden asked me to lower my pants to my knees,” said Subramaniam, adding that he was examined after he was questioned by the investigating officers.

“You said you were not physically assaulted…. So what was the mental torture you mentioned? Can you describe the mental torture you experienced?”

Subramaniam replied: “Asking me to confess that I support terrorists. I was placed in an air-conditioned room (for two days) that was cold. Breathing in the cigarette smoke non-stop.”

“If I didn’t confess, they (said) they would go to my house and arrest my family members and investigate them for something similar. After I was arrested, my fourth son was also asked to kneel beside me. This is the mental torture that I was speaking of. I was placed in an isolated room also. That is all.”

Subramaniam said he could not identify the man with the silver bracelet, adding that he had asked for their identities up to three times.

His sworn testimony was then read out to him before he signed it.

Subramaniam was represented by S. Selvam. 

Another suspect, scrap metal collector A. Kalaimughilan, 28, who was also in the dock today, will testify tomorrow on alleged ill-treatment by the police.

Over a dozen relatives and supporters turned up at the public gallery today.

Lawyer M. V. Yoges, representing Kalaimughilan, previously told the court that her client was ill-treated at Sungai Buloh Prison as he was not given a pillow and mattress to sleep on.

The duo have not lodged police reports on their complaints. Azura may call the investigating officers involved to respond to the allegations against them. She is empowered to examine whether an offence has occurred under Section 133 of the Criminal Procedure Code.

The hearing continues. – December 5, 2019.