Rawang shooting: Make Uthaya special counsel, family tells AG

The family of the two men shot dead by police in Batu Arang, Rawang, two weeks ago wants Attorney-General Tommy Thomas to appoint their lawyer P Uthayakumar (photo) as a special counsel so that he can investigate the incident.

In a letter to Thomas sent by law firm Kumar Hashimah and Co, the family urged him to give the power to Uthayakumar so that the latter can also find the whereabouts of G Moganambal, 35, who was said to be with the men hours before they were shot and had since went missing.

Moganambal is the wife of P Janarthanan, 40, and elder sister of Thavaselvan, 31, who were both shot dead in the early morning incident on Sept 14, together with the latter's friend S Maghendran, 23.

The family said they were not confident about the inquest proposed by Inspector-General of Police Abdul Hamid Bador, and also his promise "did not fall under the ambit of calling for an inquest as provided for under Sections 328 and 329 of the Criminal Procedures Code".

The police, the firm added, had confiscated CCTV footage showing the four leaving their condominium together in the evening before the shooting, while other evidence is also in their possession including the post-mortem reports.

"The family, therefore, hereby appeals not for an inquest but an investigation and prosecution of the said policemen including for murder under Section 302 of the Penal Code...

"In the general public interest further to the time-honoured legal principles in upholding the cause of justice without fear or favour and for justice not only to be done but to be seen to be done, the family hereby appeals that your good self issue a fiat with the view to appointing lawyer P Uthayakumar or any other lawyer deemed fit as the independent special counsel-cum- deputy public prosecutor (DPP) for the purposes of investigating, prosecuting and recovering Moganambal," the letter to Thomas stated.

The firm also cited previous cases where private lawyers had been appointed as special counsel- cum-DPPs like former Federal Court judge Gopal Sri Ram, Sulaiman Abdullah and V Sithambaram were appointed into prosecution team in criminal cases against former premier Najib Abdul Razak.

Thavaselvan's wife Jasminder Kaur, 31, when contacted, confirmed that the family had made the call to the AG.

On Sept 14, police from the Selangor CID serious crimes division and Gombak district police headquarters shot dead three men at Jalan Batu Arang about 5am, whom they said were suspected to be members of a house break-in gang.

Selangor police chief Noor Azam Jamaluddin said police recovered two pistols, parang, and a Volkswagen Polo which was reported stolen after the shootout.

The family, however, disputed the police version of the story and cried foul play, claiming that the three deceased and Moganambal had left their house in Rawang for a restaurant in Serdang on a rented Perodua Alza.

They also called for the police to reveal what happened to Moganambal, who lived in the UK with Janarthanan and their three children.