“I don’t have the qualifications to assess if someone is sick or faking it.”
Those were the words of Taiping Prison sergeant Azwan Mohammed when shown the closed-circuit television (CCTV) footage of fallen inmate Gan Chin Eng, 62, during a public inquiry by the Human Rights Commission of Malaysia (Suhakam).
Azwan, 38, served at Taiping Prison from March 2, 2008, to June 30, 2025, before being transferred to the Machang Moral Correctional Facility in Kelantan on July 1. He was testifying before the inquiry panel investigating alleged human rights violations at Taiping Prison involving over 100 inmates on Jan 17, 2025.
Gan died hours after the alleged assault from abdominal injuries caused by blunt trauma, as first reported by Twentytwo13.
The inquiry is chaired by Suhakam chairman Datuk Seri Mohd Hishamudin Md Yunus and commissioner Dr Farah Nini Dusuki.
Lawyer T. Shashi Devan, who is representing 99 detainees involved in the alleged assault, questioned Azwan on his apparent lack of empathy towards Gan.
Shashi: As you can see from the footage, Uncle Gan is not well. Is it so difficult for you to inform medical personnel that there is an ill inmate?
Azwan: There were many injured besides Gan. If I were to call for help and say there were many injured inmates, they (medical personnel) probably wouldn’t come.
Mohd Hishamudin then asked Azwan why he didn’t intervene, as it was obvious Gan was in serious pain.
Azwan: I’m not medically trained.
Shashi: Do you agree that if you had followed proper procedures and informed the medical staff about Uncle Gan’s condition, he could have been saved?
Azwan: Maybe.
Shashi: Can I say that your failure to do your duty contributed to his death?
Azwan: I didn’t know he was going to die. If I had known, I would have acted sooner.
Farah Nini: None of us know when we are going to die. But shouldn’t you at least have tried to help him?
Azwan: As I have said, I was trying to settle my duties one by one. The main one was to get the inmates into the cells, so we could then help the others.
Shashi: If I were to sum up your testimony, you’re saying the task of moving prisoners into their cells is more important than their health, as you don’t seem affected or concerned by what happens to them.
Azwan: I was doing my job, step by step until it was done.
Shashi: I suggest your task was prioritised over the health of the inmates.
Azwan: I was only doing my job, one step at a time.
Azwan was one of three witnesses who testified on the 15th day of the inquiry.
No time stamp, many unanswered questions
Members of the media and public, who have not been allowed to view the CCTV footage since the inquiry began on June 9, learnt that there was no time stamp on the footage. This was revealed after Shashi asked Azwan how quickly he had acted to send Gan for treatment after ensuring the inmates were secured in their cells.
At the end of proceedings, Shashi asked the panel:
i. If it had filed police reports against Taiping Prison officers for allegedly perjuring themselves, as their statements recorded during Suhakam’s investigations in February and March, and during the inquiry greatly differed and did not match the CCTV evidence.
ii. If the Prison Department had responded to Suhakam’s request to review Taiping Prison’s internal phone records.
iii. If a copy of the Standing Orders could be obtained, as witnesses repeatedly referred to them to justify their use of batons and pepper spray.
Suhakam’s assisting inquiry officer, Simon Karunagaram, said no decision had been made on filing a police report. He added that the Prison Department had responded to their query and that the prison’s deputy director would bring the internal phone when he testifies.
Prison Department representative Amirah Abdul Razak said she would provide Shashi and the panel with a copy of the Standing Orders but reminded them it could not be shared as it falls under the Official Secrets Act.
Earlier, warden Fazdrul Rosaiman Dalves said he found it odd to be instructed to wear full body armour before assisting in the transfer of inmates from Hall B to Block E in January.
Fazdrul, 32, was one of four officers in full body armour at the facility on Jan 17. He admitted seeing at least two other officers in full body armour using excessive force during the operation, but said he could not identify them as his helmet visor was fogged up and he had difficulty breathing due to the body armour’s weight and constriction.
Another witness, Corporal Zairulazy Mohd Napiah, 41, admitted he used pepper spray on the inmates on Jan 17, despite having no formal training.
He claimed he did not target anyone specifically, but sprayed it randomly to weaken the inmates.
Zairulazy initially denied using any physical force, but when confronted with video evidence, admitted to the abuse.
The inquiry at Suhakam’s headquarters in Kuala Lumpur continues tomorrow.