Did the police shoot with NO INTENTION OF ARREST? Did the police set out to kill this person? Was this 'decision to kill' or 'kill order/request' come from some other within the police or otherwise? Was killing the 'easy solution' when investigation and trial is difficult, or was it maybe an act of 'silencing a witness' that could implicate guilt of others in some serious crimes like corruption, abuse of power, kleptocracy, theft, murder, drug trafficking, etc?
The case, he added, was still under investigation under Section 307 of the Penal Code for attempted murder and Section 8(a) of the Arms Act 1960 for possessing or carrying arms and ammunition without an arms licence or permit.The five police personnel who were involved in the shooting incident were also still under administrative duties until the completion of the investigation, Aidi [Sarawak Police Commissioner Datuk Aidi Ismail] added...the suspect had 14 past criminal records, he was not a person of interest as all 14 investigations on his past crimes have been completed.
What becomes notable in this 'shoot to kill' case is the fact that the State Police, namely Sarawak Police Commissioner Datuk Aidi Ismail's TRANSPARENCY with no apparent desire to 'cover up' and/or protect even police officers that broke the laws. He has kept us all updated with the investigations and matters concerning this shoot to kill case, and thankfully some MEDIA are also doing well in following up with this case. [It is a sad day for journalism, when they simply just highlight a story - and thereafter not do the needed follow-up, etc - leaving a disappointed readership all initially excited, but waiting for a closure that never comes.].
In this case, Sarawak Police Commissioner Datuk Aidi Ismail was transparent and accountable when he updated us all about the status of this case, and the investigation...(see the said Media report below). OUR HOPE is that the police are always transparent and accountable...see earlier post - Police who shot and killed man being investigated for MURDER and Arms Act violations? A step in the right direction
The facts and evidence thus far has established a prima facie case for KILLING (murder, culpable homicide, etc), and legally, there is no way save to CHARGE the police officers involved in the shooting incident that one person died...The courts will of course all the defences, justification before making a JUST decision at the end of the trial..
Facts established thus far:-
1 - Man, shot by police, KILLED - “The suspect died from two gunshot wounds – one to the thigh and one to his abdomen,”
2 - The nab killed was not a person 'accused of an offence punishable with death or with imprisonment for life' - being the only category of person which may make police not criminally liable for a killing that happens in cause of a police arrest.
3 - This is certainly NOT a MISCONDUCT, but a Criminal Offence, which requires the said police officers to be charged. Whose bullet caused the death matters? As such, the police responsible MUST BE CHARGED IN COURT.
4 - During the TRIAL, the Judge will consider all the Defences raised - and will definitely deliver a just sentence.
5 - Will DETERRENCE be factored in sentencing - to remind the police that their duty is TO ARREST AND INVESTIGATE only - they cannot act or behave as 'judge, jury and executioner'
In Malaysia, police arrest and investigate....Prosecutors decide on sufficiency of evidence to charge or not, if charged to convince the judge that accused is Guilty or not, and judges decide based on fact and evidence whether someone is GUILTY, and if guilty, judges decides on appropriate sentence. Unhappy, can appeal twice in Malaysia .... SO, if the police shoot people dead, instead of arresting - it is SERIOUS INJUSTICE that we need to deal with --- and not anymore ignore since the perpetrator is police.
Section 15(3) Criminal Procedure Code clearly states that ‘(3) Nothing in this
section gives a right to cause the death of a person who is not accused
of an offence punishable with death or with imprisonment for life.’ Section 15 deals with power and rights of police when arresting someone..see earlier post.
See earlier post:-
Police who shot and killed man being investigated for MURDER and Arms Act violations? A step in the right direction
Suspect from the Jalan Simpang Tiga shooting died of gunshot wounds, CP confirms
Police investigating the scene of the shooting at Jalan Simpang Tiga traffic light intersection on Wednesday night.
KUCHING (Dec 17): Sarawak Police Commissioner Datuk Aidi Ismail has confirmed that the suspect who was gunned down at Jalan Simpang Tiga traffic light intersection on Wednesday died of gunshot wounds.
He said the cause of death had been confirmed after a post mortem was carried out at the Sarawak General Hospital.
“The suspect died from two gunshot wounds – one to the thigh and one to his abdomen,” Aidi told a press conference at the State Police Contingent headquarters here today.
However, the details of the report was still not available to the police when Aidi was asked if the suspect was under any influence of alcohol or drugs prior to the shooting.
The suspect’s body has been handed over to his family at 10am today for burial.
Aidi also mentioned that although the suspect had 14 past criminal records, he was not a person of interest as all 14 investigations on his past crimes have been completed.
The case, he added, was still under investigation under Section 307 of the Penal Code for attempted murder and Section 8(a) of the Arms Act 1960 for possessing or carrying arms and ammunition without an arms licence or permit.
The five police personnel who were involved in the shooting incident were also still under administrative duties until the completion of the investigation, Aidi added.
All five personnel were attached to the Kuching District Police’s Traffic Department. = Borneo Post, 17/12/2021
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