“Saya kena game” (I was fixed) and “Saya kena tipu” (I was lied to) by my officers.
That was the testimony of Taiping Prison’s deputy director, Superintendent Shahrul Izzat Hamid, during a public inquiry by the Human Rights Commission of Malaysia (Suhakam) into alleged human rights violations at Taiping Prison on Jan 17 this year.
Shahrul Izzat said this after inquiry panel chairman, Datuk Seri Mohd Hishamudin Md Yunus, asked him about a police report made by deputy prison administrator Khairul Esmail Mohd Zawawi on behalf of Taiping Prison regarding the incident that led to the death of 62-year-old inmate Gan Chin Eng.
Shahrul Izzat, 38, claimed Gan was alive after the incident as he saw him sit up before being carried into the prison van for transfer to Taiping Hospital.
Earlier, while being questioned by Suhakam’s assisting inquiry officer, Mohd Faiz Abdul Rahman, Shahrul Izzat admitted he approved the police report regarding the incident, but added that someone had edited it to remove the paragraph stating the prison’s then director, SAC Nazri Mohamed, had insisted on transferring the inmates on Jan 17 instead of waiting until Jan 20.
He said several officers had shared what had happened during the incident, which led Khairul Esmail to draft the police report.
In his testimony on July 10, Khairul Esmail claimed Shahrul Izzat ordered him to make the report and that he was one of four people who provided the facts.
Shahrul Izzat said he believed the facts reported by his officers – until he watched closed circuit television (CCTV) footage of the incident later.
Mohd Faiz: Did you verify the facts before including them in the report?
Shahrul Izzat: No, I didn’t.
Mohd Faiz: But you approved it?
Shahrul Izzat: Yes, I did. I also said the director should see it.
Mohd Faiz: Did anyone show him (the director) the draft?
Shahrul Izzat: I’m not sure about that. I only suggested they should.
Mohd Faiz: Do you agree that the facts in the police report are false at this time?
Shahrul Izzat: At this time, yes, the facts are wrong.
Mohd Hishamudin: Do you know that making a false police report is a crime?
Shahrul Izzat: Yes, I am aware. However, I approved the report based on the information I had received.
Mohd Hishamudin: What did (Taiping Prison Inspector Muhamad) Mustakhim (Abdul Rahim) tell you about the incidents on Jan 17?
Shahrul Izzat: He said the prisoners didn’t agree to move to Block E, were aggressive and had destroyed some prison property.
Mohd Hishamudin: After viewing the CCTV footage, what is your opinion? Is it the same as in the police report?
Shahrul Izzat: It is different. Saya kena game (I was fixed).
Mohd Hishamudin: What do you mean?
Shahrul Izzat: Saya kena tipu. (I was lied to).
Mohd Hishamudin: You say you were lied to. Does this include what Mustakhim told you?
Shahrul Izzat: Based on the footage, yes, he lied.
Shahrul Izzat also expressed surprise at the glaring discrepancies when Mohd Faiz read out Nazri’s June 9 testimony, but added: “So many things Nazri said in his testimony are not true. I’m surprised. I’m not saying they’re trying to blame me. I’m here trying to tell the truth.”
Among the discrepancies were:
- Shahrul Izzat claimed he wanted to move the prisoners on Jan 20, but Nazri insisted on doing it on Jan 17. Nazri testified that Shahrul Izzat only informed him about the transfer, with no suggestion of a later date.
- Shahrul Izzat denied being involved in discussions about transferring inmates from the Batu Gajah Correctional Facility, but Nazri said the former attended a second meeting on the transfer.
- Shahrul Izzat claimed Nazri was aware of the violence as he was watching from the secretariat room and that he had spoken to him about it. Nazri claimed he was in his office and only knew about the incident after it happened.
- Shahrul Izzat said he first watched the CCTV footage in the presence of police officers, but Nazri claimed they watched it together the night of the incident.
- Shahrul Izzat said he and Nazri often disagreed, as they were from different eras, describing Nazri as more “old school”.
Mohd Hishamudin: You said the director knew what happened. So why would he want to watch the CCTV footage the same night? Assuming you were not there with him, why didn’t you want to see the footage as well?
Shahrul Izzat: I’m not sure.
Mohd Hishamudin: Isn’t it important that you view it?
Shahrul Izzat: It is. But I knew there would be an investigation. I didn’t want to be accused of tampering with the footage. The suspicion would have been that I had done something wrong and entered the room to erase evidence.
Mohd Hishamudin: Did you know the director took the initiative to watch the footage that night?
Shahrul Izzat: I didn’t know. I just found out (after Mohd Faiz read Nazri’s testimony).
Shahrul Izzat, while agreeing that his officers were out of control and beat inmates at will, denied that it was the reason for Gan’s death.
Mohd Faiz: Do you agree if I suggest Gan died as a result of what happened on Jan 17?
Shahrul Izzat: I don’t agree.
Mohd Faiz: He was healthy before the incident. So how did he die?
Shahrul Izzat: He had difficulty breathing. Maybe it was the pepper spray. He had asthma. The hospital staff performed CPR on him. Maybe that caused his death.
Mohd Faiz: You are saying the CPR may have caused his death?
Shahrul Izzat: Maybe.
Mohd Faiz: So you are saying the incidents on Jan 17 didn’t cause his death.
Shahrul Izzat: Not directly.
Mohd Faiz: The post-mortem said Gan died from abdominal injury caused by blunt trauma. Are you suggesting that the CPR could have caused this?
Shahrul Izzat: Yes, CPR can cause blunt trauma. Some police officers have said so.
Mohd Hishamudin: Do you know the meaning of CPR and how it is performed?
Shahrul Izzat: Yes, I am aware. If CPR is performed incorrectly, such as pressing too hard on the chest, it can lead to death. Perhaps this was the case with Gan.
The inquiry at Suhakam’s headquarters in Kuala Lumpur will resume next week.
