It's minimal force if no one dies, says Taiping Prison's assistant superintendent
Mohd Hairie, 39, who was transferred to Taiping Prison in November 2022, denied being aggressive and said he used minimal force when hitting the inmates.
He was testifying before the Human Rights Commission of Malaysia's (Suhakam) public inquiry into alleged human rights violations at Taiping Prison on Jan 17.
On Jan 25, Twentytwo13 reported that inmate Gan Chin Eng, 62, had died from abdominal injuries caused by blunt trauma in the Jan 17 incident. He was among 104 detainees transferred from the Batu Gajah Correctional Facility to Taiping Prison on Jan 16.
Earlier, another witness, prison sergeant Dzulizwar Mohd Bakir, 44, admitted there was no justification for his aggressive actions towards inmates on Jan 17.
When asked by Suhakam's assisting inquiry officer, Simon Karunagaram, to define what 'minimal force' meant to him, Mohd Hairie replied: 'If the inmate didn't die, it means it is minimal force'.
Simon: So, if I punch you, you have bruises and your eyesight is blurry, is that minimal force? Mohd Hairie: Yes.
Simon: Look at this image. Prisoners are bleeding. Is this minimal force? Mohd Hairie: Maybe they hit the fire hydrant on the way out of Hall B.
He also demanded that Simon prove that he had used excessive force.
But when questioned by Suhakam chairman, Datuk Seri Mohd Hishamudin Md Yunus, who is on the panel of inquiry with Dr Farah Nini Dusuki, Mohd Hairie replied that he was not in the right frame of mind when the beatings took place.
Like the other witnesses this week, he claimed the inmates used harsh and abusive words against the guards and threatened to rape members of their families, causing him to act irrationally.
When asked by lawyer T. Shashi Devan, who is representing some 99 Taiping Prison inmates, if he agreed that maximum force was used as it resulted in the death of Gan Chin Eng, Mohd Hairie replied: 'I disagree.'
Earlier, Mohd Hairie, who is attached to the maintenance department, admitted that Taiping needs a new prison as the current one is too old.
Taiping Prison is Malaysia's oldest prison, built in 1879, and is a heritage building.
During questioning by Suhakam's assisting inquiry officer, Aida Suraya Haron, Mohd Hairie stated that Block B of the prison had been declared unsafe by the Public Works Department, as were the upper floors of Block E, and there were additional concerns regarding Block C.
Mohd Hairie also admitted that:
He did not record every activity in his pocket diary.
He only recorded the incidents of Jan 17 a few days after giving his initial statement to Suhakam investigators on March 10.
His superiors did not check his pocket diary once a month.
The dereliction of duty by his superiors could be the reason many officers don't record their pocket diaries faithfully, even though it could be produced in court as evidence.
He did not discuss with other witnesses who testified this week – Dzulizwar Mohd Bakir, prison inspector Ahmad Rizal Razali, sergeant Saiful Azman Mohamad Ibrahim, and prison inspector Muhamad Mustakhim Abdul Rahim – how to testify, even though the words used were almost the same.
The inquiry will continue next month.
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