When the police go out and arrest a person, the Investigating Officer(IO) must be ready at the police station to start the investigation - to record the statement of the said 'suspect' - it is absurd for the IO to not be present at the said station, or not ready to immediately record the statement.
When the police calls a person to turn up at the police station at a certain time for the purpose of investigation - the Investigation Officer(IO) must be there ready to record the statement - and the recording of the statement must start immediately.
Shah Alam MP Khalid Samad, who was arrested along with PKR activist Fariz Musa this morning as they turned up at the Dang Wangi police headquarters in Kuala Lumpur, said they were waiting for the investigating officer to arrive. "There are many officers in here but the IO is not here yet. We were watching CSI (Crime Scene Investigation) then the boxing match between Floyd Mayweather and Manny Pacquiao," said Khalid.
"When I received the call that night, my lawyer and I asked the police why the matter could not wait until the next day. But they insisted that I come in. I went there about 9.30pm, but my statement was only recorded about 3am," she[former Bar Council president Ambiga Sreenevasan] revealed.
How long will it take to record a statement? Certainly no longer than an hour. Shorter still, if the suspect takes the position that he/she has nothing to say. If one is arrested, one is a 'suspect', and as such, most advisable is to not say anything, or rather just say that 'Whatever I have to say, I will say in court' - and that will be the end of the 'interview' or statement taking.
The two opposition politicians and an activist, who were arrested to facilitate investigation into the Workers Day rally, were released tonight after police took more than 10 hours to record their statements...Shah Alam MP Khalid Samad it was a waste of time and energy as the investigating officer only took about 10 minutes to record his statement over last Friday’s May Day rally.“He asked about 10 to 12 questions and the questioning only took about 10 minutes as I told him that I will answer all the questions in court. That was what I was advised by my lawyer to say,” said Khalid.
"I asked that they take my statement right then and they did. The process only lasted about 45 minutes," she[former Bar Council president Ambiga Sreenevasan] said, adding that she was then allowed to wait in a room, under the watchful eye of a policewoman, until morning
Now, if and only if the investigation cannot be completed, should the police apply for remand...
117 Procedure where investigation cannot be completed within twenty-four hours.(1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 28 and there are grounds for believing that the accusation or information is well founded the police officer making the investigation shall immediately transmit to a Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case and shall at the same time produce the accused before the Magistrate....
Now, the media covers these stories because it involves prominent personalities - but I wonder how many ordinary persons also suffer the same fate. This has to stop - the police need to be independent and professional - do their job speedily and efficiently. Do not use their powers for other purposes...
If in the event, the Investigation Officer(IO) is not free, the police can always release subjects on 'police bail' requiring them to come at another time....this could be in a few hours time or several days later...
We must ask the question why the police are doing what they are doing? They should be fully aware of the law - so why?
Ambiga was reported allegedly saying :-
Do you agree? What could we do to stop this which could say 'abuse of powers'?Ambiga said the police are using their arresting powers and remand process as a "system of punishment" when it should be done to facilitate investigations.'Aim of the arrest is to dehumanise'."That's what happened to me. They used their arresting powers to punish me. The dehumanising that takes place is incredible. The aim of the process is to dehumanise. It is vicious, because there is no respect for liberty," she added.
See also earlier posts:-
Overnight detentions and remand really unnecessary for peaceful assembly charges?
This tactic may also be also affecting worker and union rights to picket - 11 picketing workers charged for EXCESSIVE NOISE?
Opposition leaders, activist detained 10 hours, questioned 10 minutes
MPs
Khalid Samad (pic), Tian Chua and activist Fariz Musa were detained by
the police for over 10 hours to help investigation into the May Day
anti-GST rally. The recording of their statements took only 10 minutes. –
The Malaysian Insider pic, May 3, 2015. Shah Alam MP Khalid Samad it was a waste of time and energy as the investigating officer only took about 10 minutes to record his statement over last Friday’s May Day rally.
“He asked about 10 to 12 questions and the questioning only took about 10 minutes as I told him that I will answer all the questions in court. That was what I was advised by my lawyer to say,” said Khalid.
He said the police was doing its job, but it was obvious they were being used by the government as a political tool. “This is a clear cut case of an abuse of power,” said Khalid.
PKR’s Batu MP Tian Chua said that it was unprofessional of the police to keep them waiting to be questioned.
“It was nonsensical and uncalled for,” said Tian Chua.
Tian Chua left for Permatang Pauh as soon as he was released tonight.
“I have functions to attend in Permatang Pauh. I had enough rest today. The arrest by police seemed like an attempt to stop opposition leaders from campaigning for PKR in the Permatang Pauh by-election,” said Tian Chua.
Tian Chua was arrested at 11.30pm in Permatang Pauh. He was allegedly roughed up and ‘assaulted’ by the police when arrested and taken to the Dang Wangi police headquarters in Kuala Lumpur from Penang on Saturday.
Khalid and #KitaLawan secretariat Fariz Musa were arrested when they turned up at the Dang Wangi police headquarters for questioning this morning. – May 3, 2015, Malaysian Insider, Opposition leaders, activist detained 10 hours, questioned 10 minutes
MPs and activist watch boxing match as police delay questioning
Shah Alam MP Khalid Samad, who was arrested along with PKR activist Fariz Musa this morning as they turned up at the Dang Wangi police headquarters in Kuala Lumpur, said they were waiting for the investigating officer to arrive.
"There are many officers in here but the IO is not here yet. We were watching CSI (Crime Scene Investigation) then the boxing match between Floyd Mayweather and Manny Pacquiao," said Khalid.
Khalid and Fariz have been at the police station for four hours while Tian Chua was brought there earlier after the latter was nabbed by cops in Permatang Pauh. Tian Chua this afternoon lodged a report against the cops for the harsh treatment he received during the arrest last night.
"In his police report, Tian Chua stated that he was hit on the head, slapped by police and shoved roughly into the police car," said lawyer Michelle Yesudas who shared the information via Twitter today.
Yesudas is with Tian Chua at Dang Wangi police headquarters.
She said that in the report Tian Chua also mentioned the police's aggressive behaviour.
It is understood that the case will be transfered to Penang as it occurred there and not in Kuala Lumpur. – May 3, 2015, Malaysian Insider, MPs and activist watch boxing match as police delay questioning
9:16AM May 4, 2015
By RK Anand
Ambiga flays 'faceless cowards' of Bukit Aman
Recalling her experience of being detained
overnight, former Bar Council president Ambiga Sreenevasan says she does
not harbour a grudge against police personnel on the ground who were
just following instructions.
However, Ambiga has a bone to pick with their superiors on the hill in Bukit Aman.
"For me, these faceless and nameless people giving the orders are the real cowards. Their action is based on a set agenda and this is not professional policing.
"The police personnel on the ground treated us reasonably well and kept telling us they were following orders. My quarrel is not with them," she told Malaysiakini.
Ambiga
said despite being asked to come to the Dang Wangi police headquarters
last Friday night for taking part in the anti-GST rally, her statement
was only recorded hours later.
"When I received the call that night, my lawyer and I asked the police why the matter could not wait until the next day. But they insisted that I come in. I went there about 9.30pm, but my statement was only recorded about 3am," she revealed.
The police also told her that she would be taken to the Jinjang police station to be held overnight and attempted to handcuff her.
"I pulled away and insisted that I was not going, so there was a bit of pulling and tugging.
"I asked that they take my statement right then and they did. The process only lasted about 45 minutes," she said, adding that she was then allowed to wait in a room, under the watchful eye of a policewoman, until morning
Ambiga said the police are using their arresting powers and remand process as a "system of punishment" when it should be done to facilitate investigations.
'Aim of the arrest is to dehumanise'
"That's what happened to me. They used their arresting powers to punish me. The dehumanising that takes place is incredible. The aim of the process is to dehumanise. It is vicious, because there is no respect for liberty," she added.
The
patron of Negara-Ku also lauded the magistrate for acting according to
the law in rejecting the application of the police for four-day remand
orders against her and two others, DAP lawmaker Anthony Loke (left) and PSM secretary-general S Arutchelvan, who were also detained last Friday night.
"The magistrate kept inquiring why the investigating officer needed a four-day remand. Our lawyer questioned if the police thought we would run away and if we would interfere with the witnesses.
"The magistrate also noted how we had voluntarily gone to the police station after being summoned. The officer could not answer these questions," she said.
"At the court I saw the other two (Loke and Arutchelvan, who were brought from the Jinjang police station) dressed in coloured lock-up outfits and without slippers," Ambiga added.
Following this, Ambiga was told to report back at the Dang Wangi district police headquarters at 4pm to collect her MyKad.
Fingerprints taken and photographed
"I went to the police station about 4.30pm. Once again, I was made to wait for a few hours. I then had my fingerprints taken and photographed," she said, adding that she saw PKR MP Rafizi Ramli and activist Hishamuddin Rais there.
Rafizi and Hishamuddin were also detained in connection with the anti-GST rally.
Ambiga said she was being investigated under the Sedition Act and for participating in an unlawful assembly. But the charges have left her puzzled.
"I don't know what I said that was seditious, I only spoke for two minutes (at the rally). I merely said that not only is the GST burdening the people, but we must also protest against oppressive laws and corruption.
"The campaign (of the police) is to punish those who went to the rally," she added.
Ambiga also expressed shock over the manner in which PKR lawmaker Tian Chua was allegedly treated when he was detained in Penang late last night.
"If the allegation is true, he should sue the IGP (Inspector-General of Police Khalid Abu Bakar, right)). What kind of country are we living in? Look at the public resources wasted.
"The same thing happened with (PKR vice-president) Nurul Izzah Anwar (who was detained overnight for her remarks on the judiciary following Anwar Ibrahim's Feb 10 conviction).
"When I went there (after Nurul Izzah was arrested), we told the police officers that we want to see the person giving the orders, just to appeal to him so that she can be released and not be held overnight. They made the call, but that person refused to yield.
"I don't know who this nameless and faceless person is. It (the excuse) is always ‘instructions from Bukit Aman’. So, it is people there who make those on the ground do their dirty work.
"We must also not forget how Hishamuddin was once bundled into an unmarked car by plainclothes policemen. These are all signs that we are becoming a police state," Ambiga added.
Similarly, Ambiga was horrified to witness a number of young people arrested after the anti-GST rally being brought to the Dang Wangi police headquarters with their hands cuffed and attached to a long chain.
"These were youngsters, some even below 18 years. It was horrendous. They looked shocked and dazed and we had to console them. It is frightening to know how the police treated these youngsters who are not aware of their rights," she added.
Ambiga also accused the police of "selective treatment", citing the recent protest against a church in Taman Medan, which saw the presence of IGP Khalid’s brother, Abdullah Abu Bakar. - Malaysiakini, 4/5/2015, Ambiga flays 'faceless cowards' of Bukit Aman
However, Ambiga has a bone to pick with their superiors on the hill in Bukit Aman.
"For me, these faceless and nameless people giving the orders are the real cowards. Their action is based on a set agenda and this is not professional policing.
"The police personnel on the ground treated us reasonably well and kept telling us they were following orders. My quarrel is not with them," she told Malaysiakini.
Ambiga
said despite being asked to come to the Dang Wangi police headquarters
last Friday night for taking part in the anti-GST rally, her statement
was only recorded hours later."When I received the call that night, my lawyer and I asked the police why the matter could not wait until the next day. But they insisted that I come in. I went there about 9.30pm, but my statement was only recorded about 3am," she revealed.
The police also told her that she would be taken to the Jinjang police station to be held overnight and attempted to handcuff her.
"I pulled away and insisted that I was not going, so there was a bit of pulling and tugging.
"I asked that they take my statement right then and they did. The process only lasted about 45 minutes," she said, adding that she was then allowed to wait in a room, under the watchful eye of a policewoman, until morning
Ambiga said the police are using their arresting powers and remand process as a "system of punishment" when it should be done to facilitate investigations.
'Aim of the arrest is to dehumanise'
"That's what happened to me. They used their arresting powers to punish me. The dehumanising that takes place is incredible. The aim of the process is to dehumanise. It is vicious, because there is no respect for liberty," she added.
The
patron of Negara-Ku also lauded the magistrate for acting according to
the law in rejecting the application of the police for four-day remand
orders against her and two others, DAP lawmaker Anthony Loke (left) and PSM secretary-general S Arutchelvan, who were also detained last Friday night."The magistrate kept inquiring why the investigating officer needed a four-day remand. Our lawyer questioned if the police thought we would run away and if we would interfere with the witnesses.
"The magistrate also noted how we had voluntarily gone to the police station after being summoned. The officer could not answer these questions," she said.
"At the court I saw the other two (Loke and Arutchelvan, who were brought from the Jinjang police station) dressed in coloured lock-up outfits and without slippers," Ambiga added.
Following this, Ambiga was told to report back at the Dang Wangi district police headquarters at 4pm to collect her MyKad.
Fingerprints taken and photographed
"I went to the police station about 4.30pm. Once again, I was made to wait for a few hours. I then had my fingerprints taken and photographed," she said, adding that she saw PKR MP Rafizi Ramli and activist Hishamuddin Rais there.
Rafizi and Hishamuddin were also detained in connection with the anti-GST rally.
Ambiga said she was being investigated under the Sedition Act and for participating in an unlawful assembly. But the charges have left her puzzled.
"I don't know what I said that was seditious, I only spoke for two minutes (at the rally). I merely said that not only is the GST burdening the people, but we must also protest against oppressive laws and corruption.
"The campaign (of the police) is to punish those who went to the rally," she added.
Ambiga also expressed shock over the manner in which PKR lawmaker Tian Chua was allegedly treated when he was detained in Penang late last night.
"If the allegation is true, he should sue the IGP (Inspector-General of Police Khalid Abu Bakar, right)). What kind of country are we living in? Look at the public resources wasted."The same thing happened with (PKR vice-president) Nurul Izzah Anwar (who was detained overnight for her remarks on the judiciary following Anwar Ibrahim's Feb 10 conviction).
"When I went there (after Nurul Izzah was arrested), we told the police officers that we want to see the person giving the orders, just to appeal to him so that she can be released and not be held overnight. They made the call, but that person refused to yield.
"I don't know who this nameless and faceless person is. It (the excuse) is always ‘instructions from Bukit Aman’. So, it is people there who make those on the ground do their dirty work.
"We must also not forget how Hishamuddin was once bundled into an unmarked car by plainclothes policemen. These are all signs that we are becoming a police state," Ambiga added.
Similarly, Ambiga was horrified to witness a number of young people arrested after the anti-GST rally being brought to the Dang Wangi police headquarters with their hands cuffed and attached to a long chain.
"These were youngsters, some even below 18 years. It was horrendous. They looked shocked and dazed and we had to console them. It is frightening to know how the police treated these youngsters who are not aware of their rights," she added.
Ambiga also accused the police of "selective treatment", citing the recent protest against a church in Taman Medan, which saw the presence of IGP Khalid’s brother, Abdullah Abu Bakar. - Malaysiakini, 4/5/2015, Ambiga flays 'faceless cowards' of Bukit Aman
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