Gan Chin Eng, a 62-year-old inmate who was allegedly assaulted by Taiping Prison wardens on Jan 17 this year, may have died before he was sent to Taiping Hospital the same day.
This was the suggestion made by lawyer T. Shashi Devan during the Human Rights Commission of Malaysia (Suhakam) public inquiry into alleged human rights violations at Taiping Prison today. He is representing the families of 99 inmates at the prison, including Gan (main image) at the inquiry.
Shashi, who was questioning Taiping Prison doctor, Dr V. Navin Esavik, made the suggestion following several anomalies in how the prison handled Gan’s case after the alleged assault of inmates by prison officers on Jan 17.
Dr Navin, 43, who has worked in the prison for eight years, had repeatedly said throughout his testimony that it was urgent to send Gan to Taiping Hospital quickly, or as fast as possible.
Shashi: You stated Gan’s SPO2 (peripheral oxygen saturation) was fluctuating. You also said that he had difficulty breathing.
Dr Navin: He had difficulty breathing because of his pain.
Shashi: But his SPO2 was fluctuating. Did you not think that perhaps administering an Ambu bag (manual resuscitator) or providing oxygen was vital while waiting for the prison van (to send him to the hospital)?
Dr Navin: I had to send him fast. It would have taken some time to go to the clinic to get the equipment.
Shashi: But as we have seen (from the closed-circuit television (CCTV) footage), it took at least 30 minutes before the prison van arrived.
Dr Navin: I had to send him fast to the hospital.
Shashi: I understand, but you had 30 minutes.
Dr Navin: It was not 30 minutes. It’s about 18 minutes. I don’t know how you got 30 minutes.
Shashi: The question shouldn’t be how we got 30 minutes, but how you got the 18 minutes. It’s okay. I understand sometimes we get confused. But that’s not the point I’m making. My point is this – Gan needed oxygen at that time. Would you agree?
Dr Navin: I had to send him fast …
Shashi: That is not the question I’m asking. Do you agree that he needed oxygen?
Dr Navin: I disagree, as his SPO2 reading was acceptable at that time.
Shashi: Yes, but you also said it was fluctuating, which means it wasn’t stable?
Dr Navin: His reading went up from 90 to 96.
Shashi: I put it to you that perhaps if you had administered an Ambu bag or an oxygen tank, Gan would not have passed away? Agree or disagree?
Dr Navin: Based on his conditions, Gan required serious medical attention. So if you put an Ambu bag or oxygen tank, I don’t think it was going to make much difference if you don’t get to the hospital as fast as possible.
Shashi: Are you telling us that he would have died either way? That he was already going to die? Is that what you’re telling us?
Dr Navin: No, he needed fast treatment.
Shashi: I understand the urgency.
Dr Navin: I was afraid that if he had collapsed there and passed away, we couldn’t move the body.
Shashi: Was that why you wanted to urgently send him to the hospital?
Dr Navin: No, no. I wanted to save his life.
Shashi: You said he needed serious medical attention. Can I suggest that part of that includes providing oxygen?
Dr Navin: I made a decision to send him fast to the hospital.
Shashi: Thank you for sending him fast, but my question is, serious medical attention includes oxygen?
Dr Navin: I disagree.
Shashi: You didn’t perform CPR, and no oxygen was given?
Dr Navin: Yes.
Shashi then asked Dr Navin about his meeting with former prison director, SAC Nazri Mohamed, on Jan 17.
Shashi: You told the observers yesterday that you have to report to the director if an inmate is seriously ill. Now considering all the facts, that you needed to send Gan to the hospital as fast as possible and you didn’t wait for the ambulance, as the prison van arrived first. I put it to you that the reason why the oxygen wasn’t given, the reason why you had to rush Gan to hospital, the reason why you had to urgently meet the director, was because Gan had already passed away.
Dr Navin: Hey, no sir.
Shashi: No need for drama. Just say you agree or disagree with me.
Dr Navin: Gan didn’t pass away. He was still alive.
Shashi: I put it to you that you urgently have to meet the director, not only if an inmate is seriously ill, but also when an inmate dies. Do you agree with me?
Dr Navin: Yes.
Shashi: I put it to you, you urgently needed to speak to the director as Gan had already died.
Dr Navin: Disagree.
Shashi: I put it to you that you didn’t need to call for an ambulance. He needed to be sent to the hospital fast, as he had passed away.
Dr Navin: I disagree.
Shashi: There was no need for you or a medical assistant to follow Gan to the hospital, as he had already passed away. This is my theory.
Dr Navin: I disagree.
Other points raised by Shashi included:
- Dr Navin, who had modified a body scanner for use as an X-ray machine, was not qualified to do so and should have referred patients with suspected fractures directly to a hospital, as the scanner wasn’t accurate.
- The contradiction in Dr Navin’s testimony that Gan needed to be urgently sent to Taiping Hospital for treatment, but at the same time, his vital signs were good.
- Dr Navin testified that the officers did not use excessive force against the inmates on Jan 17, yet he still saw the need to inform Taiping Hospital to be prepared for a “mass casualty incident”. When asked by Shashi why this was necessary, Dr Navin replied that he feared the worst.
- Why were two inmates allowed to carry Gan out of Block E when the standard operating procedure states that only prison officials are allowed to do so?
- Standard operating procedures require a stretcher to be used for transporting individuals in prison, yet Gan was carried out of the block by two inmates.
The inquiry before inquiry panel chairman Datuk Seri Mohd Hishamudin Md Yunus and panel member Dr Farah Nini Dusuki continues tomorrow.
