The Malaysian Insight

A SCRAP metal dealer arrested under a security law told the court that he was forced to confess to crimes which he did not commit following threats by the police that his wife and blind father would also be arrested.

A. Kalaimughilan, 28, was detained along with 11 others on October 10 under the Security Offences (Special Measures) Act (Sosma) for links to Liberation Tigers of Tamil Eelam (LTTE).

He was charged on October 29 at the Selayang Sessions Court for possessing several items relating to the LTTE, such as compact discs and stickers, at a house in Bukit Sentosa in Rawang.

The offence falls under Section 130JB (1)(a) of the Penal Code, which carries a maximum sentence of seven years’ imprisonment, or a fine, upon conviction.

Kalaimughilan told Kuala Lumpur Sessions Court judge Azura Alwi today of his experience of being held at the Sg Buloh prison.

“When I was arrested for the Sosma case, they made me wear dark sunglasses. When I wore them, I could not see anything like a blind person. Both my hands were cuffed behind my back.”

Kalaimughilan, who was dressed in a long-sleeved white shirt and uncuffed before taking the witness stand, spoke in Tamil. He said he was told by an investigating officer that he was being detained in a place 10 stories underground.

He said he was told to write down what was instructed by Ayub Khan, who is E8 (Counter-Terrorism Division) chief, and an officer named Manivanan. Both men mentioned were said to be the superior officers of cops who arrested Kalaimughilan.

Kalaimughilan said he was asked by another officer named Anuar to write down his confession to 15 incidents, such as organising an event for the LTTE. Officers also told him to remove the word “pengganas” and write only LTTE in his statements.

“At that moment, I realise they wanted a story in favour to them. I told them I had enough. I am no longer writing. I told them to just use what I have written.

“After that, they told me if I don’t write what they wanted or confess, they told me they will seize things from my home, including that were not confiscated, and arrest my wife and my father, who is disabled, under Sosma.”

Kalaimughilan said he objected, saying his wife and father had nothing to do with his case and they could not arrest them.

“They told me that they have arrested Penang Deputy Chief Minister P. Ramasamy. They said he is in the room next to mine. They also told me they arrested the political leader of a party of which I am a member, Anwar Ibrahim.

“They also asked me if I recall his black eye after he was beaten by the police. They told me they have arrested Anwar and if I don’t want my wife and father to be arrested or receive the same beatings as Anwar did, I must write whatever was required by them.

“I was afraid. I was under stress.”

Two days after that incident, he said Anuar came to shake his hand and squeezed it with force.

“He asked me why was my arm injured. I told him it was from an accident. He told me he will make cuts (toreh) on my left arm like the injuries on my right arm, while requesting for a knife from other police officers nearby.”

Kalaimughilan said another older police officer named Daud showed him a WhatsApp message.

“He said it was from Tuan Manivanan… who said don’t act big (jangan berlagak-lagak), otherwise I will file 12 charges against you in court.

“The WhatsApp message also said my wife and father will be arrested if I don’t confess.”

Kalaimughilan said the other officers told him that he is not likely to escape imprisonment from the Sosma charges.

“A police officer said they have arrested 500 people under Sosma. No one has escaped (imprisonment). They told me my wife will be arrested, my father will be arrested and my entire family will be destroyed by this Sosma case.”

Kalaimughilan said after being pressured, and because he thought of the welfare of his blind father and his wife, he agreed to confess.

“After that, I told them I would confess even though I am innocent. I asked them to release my wife and father,” Kalaimughilan said, after which the officers left his room to discuss something.

Kalaimughilan was then sent back to the lockup.

“While under detention, I vomited and passed out. But before that, I managed to call the police through a microphone. After that a medical assistant came and gave medication to me.”

Kalaimughilan said he suffered from threats the entire time he was detained, including threats of being linked to the Islamic State.

During the 20 days he was under Sosma detention, he was placed in a room without lights for up to five days, Kalaimughilan said.

He added that his prison’s living conditions were terrible.

“A mouse bit me. There were problems with roaches, broken toilets and the place was filthy.”

He said he and his wife continue to live in a state of fear.

“I ask the court to assist me to look after my family and to not torture my family by adding more charges against me. I am ready to prove my innocence on the charges against me.”

Kalaimughilan was represented by M. V. Yoges while deputy public prosecutor Aliff Asraf Anuar Sharuddin appeared for the prosecution.

Yesterday, the court heard the testimony of another LTTE suspect, B. Subramaniam, on the alleged abuse he suffered at the hands of police during questioning two months ago.

Azura has set December 11 to hear the bail application filed by both Subramaniam and Kalaimughilan.

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 6, 2019.