Tuesday, September 10, 2019

Extrajudicial killing by Malaysian Police? Police arrest not KILL - Investigate all police shooting incidents?


Did the Malaysian police set out 'to shoot and kill' these persons? Did the Malaysian police try to arrest these 'SUSPECTS' - or they were just interested in shooting ...which resulted will all 3 dead? So, now none of the 3 victims can speak to defend themselves and contradict the 'story' of the police...

Well, after most police shooting incidence, when we read media reports because we are 'assured' that these were indeed BAD people not good innocent people... so, the killing and/or death is JUSTIFIED? 

And the media helps paint this picture... 'members of the notorious ‘Geng Tebuk’ that were involved in a spate of robberies as well as house and factory break-in cases'...'three men were suspected of committing 15 break-ins into factories in Bukit Mertajam, with losses close to RM620,000. He said the men were experts in prising open safes...'

If there were suspected criminals, was there 'arrest warrants' issued for their arrests? Did the police previously arrest and investigate these suspects? Are there 'pictures' of these suspects on police websites asking the public to assist in their identification and arrest? 

I believe it is is WRONG for the police to even paint such an impression of 'suspects' shot and killed by police? Remember, the duty of police is to merely arrest and investigate...and it is for the courts and Judges to determine whether a person is guilty of a crime or not...

EXTRAJUDICIAL KILLING - this includes when the police shoot and kill persons before the Court determines him/her as GUILTY after a fair trial.

Police can use force in arresting people...and it must be reasonable force...they can shoot if the the persons they are trying to arrest are shooting at them...but the shooting is to arrest them...not kill them. Yes, there have been cases where the suspects are shot and arrested...but in some cases the suspects were not even shooting them...or even cases where they did not have guns? 

So, in the recent shootings...the evidence disclosed was the presence of 1 gun with the 3 suspects...and evidence that 2 shots were fired...'...police retrieved two spent bullet shells used to shoot at them. He said six rounds of .38 Colt ammunition was found on them...'....' police found, among others, a .38 revolver with four live rounds of ammunition and two bullet casings, two parangs, a metal cutter, a knuckle duster and grinders...'
So, maybe shooting back at the person with the gun shooting may be 'reasonable'...but is the shooting that resulted in the killing reasonable?  

Did the police identify themselves as police? Were they wearing police uniforms and identifiable police cars? OR not...did the 3 just act in self defence because they wrongly thought that they were being pursued or in a fight with some 'rival' group of criminals?
How many police - well, it seemed to not a routine police patrol...being a police car with 2 officers or motorbike cops? There were 12 policeman... “Our team of 12 policemen was already in the area as we had received a tip-off that the bandits were about to act,”...

Tip-off from whom? What was the tip-off - that people were going to rob a factory? Was there a tip-off about the vehicle number plate? Did the police put up road-blocks? 

Was the whole encounter recorded on CCTV - if it was, then we could look at it and see what exactly happened - and determine whether it was reasonable or justified - that shooting and killing of the 3 by police officers? [Maybe time for Malaysian police to all carry CCTV recorders on their person and on their vehicles...that would also discourage corruption...but will also ensure that police act in accordance to the laws in Malaysia.]. In this incident, police action involving 12 police officers - there should be a CCTV recording for proof that all was done in accordance to law...?

After the killing - the police links them to past crimes...impressive how fast this was done? But, if they 'suspected' them of past crimes, should they not been brought in before for investigations at the very least...if not to be charged and tried in court? 

I worry about this linking of the dead to past crimes - does this means the police may close investigations in these cases? Maybe the dead were not involved at all and the real perpetrators are out there still enjoying the fruits of their crime...What about the RM620,000 or the monies stolen - Will the victims not get back what they lost? [Or maybe, they do not care because some insurance may have already compensated their alleged losses?} - 'He said the three men were suspected of committing 15 break-ins into factories in Bukit Mertajam, with losses close to RM620,000. He said the men were experts in prising open safes.

Well, good that the State police chief T Narenasagaran only said 'SUSPECTED' -meaning that the 3 dead may not even be guilty of the alleged crimes...so police is still investigating until they find the true criminals...

An extrajudicial killing is the killing of a person by governmental authorities or individuals without the sanction of any judicial proceeding or legal process. 

Inquest and Inquiries Into Death - Now there are inquests for those who die in police custody - now we need for inquests into deaths by reason of police shootings. 

We know that police shot them death - but was it Murder or just a reasonable justified exercise of police powers of arrest? We cannot simply swallow wholesale police justifications - we need an INDEPENDENT inquiry to satisfy all of us that there was no 'criminal' element in that killing. Police cannot investigate the alleged wrongdoings or criminal actions of their fellow officers - so it must be an Inquest by the Magistrate/Judge, or even SUHAKAM or some other independent body...

There has just been too many 'shoot to kill' incidents involving Malaysian police over the years...some get reported in the media some do not? 

Time for Inquiries in Deaths cause by police shootings ...Time for police to stop 'justifying' the killings by alleging that they were suspected criminals or based on 'police records'[is it even based on past convictions - remember presumption of innocence until proven guilty in a court after a fair trial - Police no power to say who is a CRIMINAL or who is not - their duty is to arrest and investigate...their 'belief' of guilt is irrelevant - only the court after a fair trial decides who is guilty of a crime in Malaysia...

The new government must review Police Standard Operating Procedures - in this case, in the same media report 'State police chief T Narenasagaran said the identities of the men, in their 20s and 30s, had yet to be ascertained'....but then goes on to say 'He said the three men were suspected of committing 15 break-ins into factories in Bukit Mertajam, with losses close to RM620,000. He said the men were experts in prising open safes.“We believe the gang had other members and we are on the lookout for them,” Narenasagaran said.' - How can this be when you already said that the police have yet to identify them who were shot and killed....? You do not know who they are - so how can you say that they are part of a gang...or they are suspected to have done other crimes...Does it not define logic?

Too many police shot and killed incidents.... 

* It will be good that the police also come up with written statements, that are available to the public on their websites...after all, the Media can get it wrong. But, if the police do not correct (or demand correction of media reports), it may be reasonable to assume that what the media report is true and accurate...

Man shot dead in Penang after threatening cop with knife -November 2018


Police shoot dead five of six robbers in Kuchai Lama heist ...

Five robbers shot dead in goldsmith heist | The Star Online

The Bar Council has written to the Honourable Attorney General requesting to hold an inquiry into the police shooting of six persons on October 3, 1998 at Tumpat Kelantan. By a letter dated October 14, 1998, the Chairman of the Bar Council’s Criminal Law Committee wrote to the Attorney General giving particulars of the Kelantan incident and why the powers of inquiry under Section 328 of the Criminal Procedure Code ought to be invoked.

The Bar Council likewise calls for an inquiry into the police shooting incident at Taman Sungei Besi Indah, Kuala Lumpur on October 2, 1998 where reportedly three men and two women, including a pregnant woman, were shot dead in a police operation.

The Bar Council notes that a number of social and non-governmental organisations have jointly submitted a memorandum to the Government on October 14, 1998 expressing public concern over the two incidents resulting in the killing of a number of persons in police operations.

The Bar Council is of the opinion that this is an appropriate case where the Attorney General may invoke his powers under Section 339 of the Criminal procedure Code to direct an inquiry into the cause of and circumstances of the deaths. A public inquiry will go a long way towards abating public concern over the two shooting incidents.-Police shooting incident at Taman Sungei Besi Indah, Kuala Lumpur

 

 

 

Cops kill 3 in Bukit Mertajam shootout



GEORGE TOWN: Penang police gunned down three men suspected of breaking into small factories in a shootout at an industrial area in Bukit Mertajam this morning.

State police chief T Narenasagaran said the identities of the men, in their 20s and 30s, had yet to be ascertained and that the bodies had been sent to the Seberang Jaya Hospital for post-mortem.

At a press conference here today, Narenasagaran said policemen came across the burglars, who were in a Toyota Camry, during a patrol round at the Permatang Tinggi Industrial Area in Bukit Mertajam at 2am.

“Our team of 12 policemen was already in the area as we had received a tip-off that the bandits were about to act,” he said.
Narenasagaran said when policemen approached the Camry and ordered the occupants to pull over, the car sped off. He said police gave chase until the driver lost control and the car crashed into a ditch.

“They then got out of the car and started to shoot at the police, with one trying to attack a policeman with a parang. In self-defence, we had to shoot them,” he said.

Narenasagaran said police retrieved two spent bullet shells used to shoot at them. He said six rounds of .38 Colt ammunition was found on them.

He said the three men were suspected of committing 15 break-ins into factories in Bukit Mertajam, with losses close to RM620,000. He said the men were experts in prising open safes.

“We believe the gang had other members and we are on the lookout for them,” Narenasagaran said. - FMT, 27/8/2019

Three killed in shootout with police in Bukit Mertajam

GEORGE TOWN: Three men, believed to be foreigners and members of the notorious ‘Geng Tebuk’ that were involved in a spate of robberies as well as house and factory break-in cases, were killed in a shootout with the police at the Alma Light Industrial Area, in Bukit Mertajam near here, early this morning.

Penang police chief Datuk T. Narenasagaran said state Serious Crime Investigations (D9) Division personnel were patrolling the area at around 2am when they spotted a Toyota Camry car being driven in suspicious manner.

“The police then attempted to approach the car for inspection when the driver suddenly sped off causing a chase to ensue until the car skidded onto the road shoulder,” he told a press conference, here today.

He said three men jumped out of the car and fired shots and attacked the police with parang and to defend themselves, police fired shots at those men.

Investigations found that three men in their 20s and 30s were killed in the shootout and police found, among others, a .38 revolver with four live rounds of ammunition and two bullet casings, two parangs, a metal cutter, a knuckle duster and grinders.

Narenasagaran said the Toyota Camry car, believed to be used by the gang for house and factory break-ins was seized and police also believed that they took part in more than 15 cases in the state since last year involving losses amounting to RM620,000.

“Initial investigations revealed that the three men were trying to break into a factory in the area when the police spotted them,” he said.

He said police were conducting patrols around the industrial area after receiving numerous reports of break-ins and investigations found that gang members had the expertise to break into the factories through the roof before opening the safe and stealing money or any other valuables there.

Police believed that there were group members still at large and efforts were being made to track them down, he added.

He declined to reveal the three men’s country of origin until police investigations were completed, including obtaining their citizenship documents. — Bernama - Sun Daily 27/8/2019,

Three burglars killed in shootout with cops




Three burglars believed to be foreign nationals were killed in a shootout with police here early this morning. - NSTP/MIKAIL ONG
BUKIT MERTAJAM: Three burglars believed to be foreign nationals were killed in a shootout with police here early this morning.

The 2am incident which took place at Jalan Pala 6, Permatang Tinggi Industrial Area here unfolded when the trio were in the midst of breaking into a factory.

Sources said the three suspects upon realising that police had caught up with them,, fled the scene in their car.

“While making their get-away, the suspects began shooting at the police.

“This forced the police to return fire on the assailants, killing all three on the spot”, he said.

It was learnt that the trio were part of a gang which were active in breaking into factories in the area.

They were believed to be involved in at least five previous breaking and entering cases.

Apart from a gun, police also found a machete and other tools used in breaking into the factory in the suspects’ car.

Police are expected to hold a press conference on the case at noon today at the Penang Police Contingent headquarters. - New Straits Times, 27/8/2019

Police gun down Penang robbery gang in shoot-out





PHOTO: The Star/Asia News Network
GEORGE TOWN - Police gunned down Gang Tebuk gang members who were involved in a series of factory break-ins since last year.

In a shoot-out between police and the robbers near a factory in Alma, Bukit Mertajam, the three-member gang, all foreigners, were killed.




Penang police chief Comm Datuk T. Narenasagaran said they spotted the suspects, aged between 20 and 30, near the factory at about 2am on Monday.




Police opened fire at them but the suspects fled in a car before crashing about 50m from the factory.

"One of them, armed with a revolver, fired several shots at the police while the other two charged with their parang.

"Police returned fire and killed all of them, " he said during a press conference at the state police contingent headquarters.

Comm Narenasagaran said some RM620,000 (S$204,530) was reported stolen from break-ins and robberies in the Bukit Mertajam area since last year.

"We believe we will be able to solve at least 15 cases by crippling this gang, " he said. - Asia One, 28/8/2019

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