Suara Rakyat Malaysia (SUARAM) expresses deep concern over the police custodial death of Callum Luxton during the documentation process at KLIA Terminal 1. This incident highlights persistent shortcomings in ensuring transparency and accountability in investigating police custodial deaths.
Callum’s sudden collapse during the documentation process raises serious questions about the circumstances leading to his death. Crucially, neither the police nor Callum’s family have disclosed any pre-existing health conditions that might explain his collapse, suggesting the possibility of unwarranted injuries sustained during custody. The police claimed that Callum resisted arrest, yet there has been no explanation as to whether the use of force applied during his detention was proportionate or justified, nor has there been any mention of injuries, particularly head trauma, that he may have sustained. These troubling gaps in information demand urgent clarification. Furthermore, the police stated that only "first aid" was administered when Callum lost consciousness, raising concerns about the adequacy and timeliness of medical attention provided, particularly if head injuries were involved.
Despite these glaring uncertainties, the case has been prematurely classified as a "sudden death" without conclusive evidence. The post-mortem findings, which remain undetermined, further emphasize the lack of basis for this classification. Callum’s case reflects a troubling pattern seen in other custodial deaths, such as the case of Mohd Hafiz Salleh, where the police prematurely classified his death as "sudden death" despite post-mortem findings revealing blunt force trauma to the head. It was only after the family’s intervention through the media that the case was reclassified as murder. Such patterns highlight systemic failures in how custodial deaths are handled, demanding immediate reform to prevent further miscarriages of justice.
The two-day delay between Callum’s death on November 23 and its public disclosure on November 25 raises significant concerns about transparency. Compounding this, more than a week after the initial announcement, there have been no meaningful updates on the progress of investigations, with the family receiving no clear information about the circumstances of Callum’s death or investigative findings. This lack of communication mirrors the recent case of Norazman Me, where the family received no substantive updates even after repeated follow-ups with the police, who merely claimed the matter was being handled by Bukit Aman. It was only after the family went to the media in September that the police issued a public statement, claiming they had "nothing to hide" and that investigations were ongoing. Delayed and inadequate communication reflects deeper systemic issues in how custodial deaths are addressed, further compounding public mistrust.
Investigations into custodial deaths, led by the Integrity and Standards Compliance Department (JIPS) and the Deaths in Custody Investigation Unit (USJKT), raise fundamental concerns about the lack of independence in investigations. Both bodies are internal to the police institution, creating inherent conflicts of interest that undermine public trust. Critically, USJKT’s practice of issuing prompt press statements upon custodial deaths ceased in September 2022, further eroding transparency. While the IPCC has been tasked with investigating severe misconduct, its authority is narrowly defined. From 1 July 2023 to 30 September 2024, the IPCC received 466 complaints, but only seven were classified under Section 25(c) of the IPCC Act, which permits full investigations. This is further substantiated by the Home Minister’s clarification during today’s official launch of the Independent Police Conduct Commission (IPCC), Police, Friends and Collaborators programme that complaints falling under existing police regulations are redirected to the police for handling, while the IPCC intervenes only in cases that explicitly require its investigative functions. This practice calls into question the concept of police integrity, as referring complaints of misconduct back to the accused institution undermines public trust in the system’s ability to ensure accountability. Additionally, in cases involving severe injuries, sexual violence, or deaths in custody, the IPCC’s role is restricted to "establishing procedures to monitor investigative processes," further emphasizing systemic gaps in ensuring independent investigations. These overlapping roles between JIPS, USJKT, and the IPCC undermine public trust and accountability, raising significant questions about the IPCC’s utility as an independent oversight body. For meaningful reform, the IPCC’s mandate must be expanded to enable independent investigations into severe misconduct, injuries, and deaths in custody.
SUARAM urges that a second, independent post-mortem be immediately conducted to address the undetermined cause of death and clearly establish the cause and manner of Callum's death. Investigations into Callum’s death must be independent, swift, and transparent, with findings disclosed to both the family and the public. A thorough and independent inquest must also be expedited without delay, in line with Section 334 of the Criminal Procedure Code, which mandates inquests for police custodial deaths. To address the systemic lack of accountability and ensure truly independent investigations, the IPCC’s mandate must be revisited and strengthened to allow for direct investigation of all cases involving severe injuries or deaths in custody.
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