ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
KOTA BHARU: Two men, believed to be the leader and
member of the ‘Adik Mat’ gang involved in armed robbery, criminal
intimidation and drug trafficking, were killed in a shootout with the
police at Kampung Batu Papan, Gua Musang on Monday (Dec 27).
Kelantan Police chief Datuk Shafien Mamat said the duo, aged 29 and 36, died at the scene.
He
said the shootout occurred when the police raided the gang’s hiding
place, a double-storey hut in a jungle near the village at 11.30am.
"Realising
the presence of the police, the two suspects opened fire and, in
defence, the police responded and fired several shots which killed both
of them,” he told a press conference here on Tuesday (Dec 28).
Upon search, he said police also found two semi-automatic
LLama pistols and a revolver with 41 live bullets, seven bullet shells
and 1,200 psychotropic pills worth RM12,000, in the hut.
Elaborating,
Shafien said initial investigations found that the gang had been
involved in several cases of robbery and criminal intimidation using
firearms in the state over the past three years.
"Several members of the gang have been arrested before, and we believe only a few others are still at large.
"With
the death of the leader, we believe we have defeated the ‘Adik Mat’
gang and solved five to eight cases of armed robbery in the state with
losses estimated at RM20,000,” he said.
He said the 29-year-old gang leader had previous criminal records related to three robbery-related and nine drug-related cases.
"The 36-year-old member also had previous records related to four drug-related cases,” he said. - Bernama - Star, 28/12/2021
Section 15 Criminal Procedure Code - Arrest, how made
(1) In
making an arrest the police officer or other person making the same
shall actually touch or confine the body of the person to be arrested
unless there is a submission to the custody by word or action.
(2)
If such person forcibly resist the endeavour to arrest him or attempt
to evade the arrest such officer or other person may use all means
necessary to effect the arrest.
(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.
# In this case, the victims do not appear to be persons ACCUSED of such serious offence, which if convicted would be punished with death or life imprisonment. Once accused in court, such persons most likely would not be granted bail. So, the 'shooting to death' is a CRIMINAL OFFENCE of killing a person/s - The officers responsible must be charged in Court.
Again, the MALAYSIAN police - and the need for CCTV (with recording abilities) is again highlighted...
Selangor police chief Arjunaidi Mohamed said there were no cameras in
the room and statements were being recorded from police personnel on
duty that day.
Asked whether a policewoman had escorted the complainant to the room, he said investigations were underway.
Being a lawyer myself, I recall stories of my clients about the TORTURE the suffer in police custody.. many fear and do not want to report these cases of torture...
WORSE, is those that are subjected to torture of a sexual nature...over and above the normal fears of victims of torture, sexual torture victims worry about 'public perception' ...and perception of their friends and family if what happens to them whilst in police custody be made known...
SO, I applaud this WOMAN who had the courage to make this police report...
RINA HARUN, our Minister of Women, Family and Community Development - has she done anything yet? Has she visited the victim? Has her Ministry started investigating?
What about SUHAKAM - if they heard about it, have they done anything yet?
MEDIA - sadly, most media did not HIGHLIGHT this - hope we see some investigative journalism moving forward?
IGP and Minister in charge of Police - where is the assurance that the victim will not be harassed/pressured - and the case be investigated seriously?
Has the alleged victim and the alleged perpetrator been send for medical, physical and scientific examinations yet? Are there DNA evidence? In torture and sexual torture, speed is key to preserve needed evidence.. The alleged perpetrators clothing on the day of the alleged crime need to be preserved - or it will be washed/disposed off, etc....? Hope the police did all this...
The case was highlighted on 19/12/2021 - more than 10 days ago. Has the Selangor Police Chief anything to add after 10 days of investigating...
Woman detainee accuses cop of oral sex at police station
Selangor police are now recording statements from the personnel on duty regarding the alleged incident.
PETALING JAYA: A policeman is alleged to have forced a woman detainee
to perform oral sex on him at the Serdang police station early
yesterday.
The 36-year-old woman claimed the policeman, thought to be from the
district serious crimes unit, committed the act while they were alone in
a room.
In her police report, the woman claimed the policeman took her to the
room after she had given her statement, undid her handcuffs and ordered
her to perform the act.
She said she was sent back to the lock-up after the incident and warned not to talk about it.
Selangor police chief Arjunaidi Mohamed said there were no cameras in
the room and statements were being recorded from police personnel on
duty that day.
Asked whether a policewoman had escorted the complainant to the room, he said investigations were underway.
He said the woman and her husband were suspects in a robbery case and were being held on remand. - FMT, 19/12/2021
It is crucial that anti-corruption law enforcers are corruption free and also law abiding.
Any complaints and/or even 'suggestions' of law breaking must be acted on speedily...Procrastination and delays at acting fast is embarrassing and will not be tolerated.
Here, Dr Terence Gomez, tenders his resignation as a member of MACC's Consultation and Corruption Prevention Panel when the Chairperson of the MACC's Consultation and Corruption Prevention Panel failed to even call a meeting of the Panel to discuss this matter...despite a request by him(a member of this MACC Panel)...Panel decides or Chairman decides unilaterally?
Should he/she have sat in this MACC Panel quietly until his term of office ends - collecting whatever allowances/remunerations he received OR should he/she acted like Terence Gomez?? Sadly, many would simply stay 'silent' - be a 'good boy/girl'...maybe even be later rewarded Datukship, some title, etc?
I say, if you are NOT BRAVE enough to carry out your public duties without fear or favor, then do not even accept the appointment...or...or... maybe RESIGN as Terence did?
Wonder what is the position of all the OTHER members of MACC's Consultation and Corruption Prevention Panel -YBhg. Tan Sri Borhan Dolah (Chairman),YBhg. Dato' Manja Ismail,YBhg. Datuk Prof. Dr. Azizan Baharuddin,YBrs. Prof. Dr. Edmund Terence Eric Boniface Gomez,YBhg. Dato' Chamil Wariya,YBhg. Datuk Freddie Fernandez,YBrs. Saudara Jufitri Joha,YBhg. Dato' Dr. Siti Norlasiah Ismail,YBrs. Cik Norita Che Ali,YBhg. Dato' Nadzim Johan,YBhg. Datuk Md Yusof Md Aslam,YBhg. Dato' Baljit Singh Sidhu,...
What will Prime Minister Ismail Sabri do? Accept the RESIGNATION or refuse it....we shall see
The Chairman of the Consultation and Corruption Prevention Panel, sadly came out, rebutting the allegations - saying things about 'my' Panel, jurisdiction/responsibilities....'"I do not want my committee to be involved in any political
influence; and if there is political pressure on my panel to use them
(panel members), I have to stop that..."He should know this. When he was in the panel, Gomez was not clear
in the issue and he wanted to bring the issue involving Azam and this is
a new (issue), which was just raised in December, not November....""So I don't want to be involved in any political claims. I
understand you have a certain amount of politician-inclination, but
don't bring that to my panel. Don't bring any political interest
issues," Borhan said.
Chairman seems 'confused' about his role and duties --- FIRST, he is just the Chairman, who should just be calling and chairing panel discussions and decision making - so, his 'individual' opinion/views matter not - it is the decision of entire MACC's Consultation and Corruption Prevention Panel - so, all he had to do was to call for a meeting, and the Panel can decide what they will do as a whole ----democratically.By not speedily calling for a Panel meeting, did he 'abused' his power..???
What nonsense about 'political influence' - corruption and abuse of power is WRONG, done by the politician that appoint you, the one who is in the Opposition... whether a complaint is political or not is not the concern of the Chairman or the panel.
The going around to determine whether the issue falls within the jurisdiction of the Panel or not is also wrong - that is for the Panel to independently determine...Remember, you were appointed by the Prime Minister ...not MACC, not the Advisory Board ...not the Secretariat
Is the Panel, and the various other Commissions 'confused'?
Does this issue that Terence raised come within the ambit/jurisdiction/terms of the Panel? I would say 'YES", as Terence was raising about matters that had come out in public(media, Parliament) - and there was a lack of action by MACC, ... and this CCPP is duty bound to advise the Commission, and even bring certain matters to the attention of the Advisory Board - in terms of education .... (look at the terms)
Terms Of Reference Consultation and Corruption Prevention Panel (CCPP):-
To
advise the Commission, in enhancing the effectiveness of inspection and
consulting activities upon the practices, systems and work procedures of
both the public and private sectors which may be conducive to the
occurrence of corruption;
To
advise the Commission, in enhancing the effectiveness of public
education activities towards increasing the awareness on corruption and
support on anti-corruption efforts;
To
advise the Commission, in enhancing the effectiveness of anti-corruption
activities through the mechanism of strengthening integrity in both the
public and private sector;
To
advise the Commission on some of the best practices in the fields
related to the implementation of consultation and anti-corruption
activities;
To assist the Commission as the key communicator in
garnering support from the public, the media and the sectors identified
towards the prevention efforts by the Commission; and
To
submit its comments on the Commission’s undertaking of its function on
consultation and anti-corruption under the MACC Act 2009 to the
Anti-Corruption Advisory Board.
Did the Chairman even bring to the attention of the Panel the fact that Terence want a meeting and for what issues - did he get the opinion of the other panel members to have or not to have a meeting and the WHYs?
In my opinion, the 1st thing the Prime Minister have to do is to APPOINT A NEW CHAIRMAN - who understands the democratic nation of such a 'panel'. The chair calls for meetings - and all decisions are democratic decisions ...
2nd - The Prime Minister should not accept Terence's resignation - maybe even appoint him as the new Chairman.
At the end of the day, the Consultation and Corruption Prevention Panel (CCPP) has little power - they can generally only ADVISE the Commission(MACC) - the CCPP should have already ADVISED the MACC to investigate MACC Chief
Commissioner Tan Sri Azam Baki, and ask the investigated to be removed of all positions of decision making, investigations... and, how this should be done. In this case, CCPP had a very BIG role, don't you think?
I hope this government do not simply form and have 'name sake' Commissions, Panels, Task Force, Commission of Inquiries - but REAL ones with people therein who are independent and will carry out their duties without fear or favour...
LESSONS LEARNED - which is bad? We must do the needful to un-learn bad lessons
## There is NO USE to make complaints to the MACC, especially when the suspected perpetrator is one of their own. If Terence(a MACC panel member) is treated this way - what about ordinary members of the public....there may be other lessons ...but most a BAD lessons..
In this case, problem also may lie with Borhan Dolah [Chairman MACC's Consultation and Corruption Prevention Panel] but also Abu Zahar bin Dato’ Nika Ujang, chairman of the MACC’s
Anti-Corruption Advisory Board....What did they do after being informed by Terence?
Let's not forget Chief
Commissioner Tan Sri Azam Baki - should he be suspended pending investigation? Who will investigate - one possibility existing is the EAIC [Enforcement Agency Integrity Commission]
Thank you Terence for bring these matters to our attention...
Terence Gomez quits MACC panel in protest
He
addressed his resignation letter to Borhan Dolah, chairman of the
MACC's Consultation and Corruption Prevention Panel, after its failure
to act promptly on reports involving the MACC chief
2,880 views
Terence Gomez quits MACC panel
Dear Tan Sri Borhan,
Resignation
This
is to inform you that I am resigning from my position as a member of
the Consultation and Corruption Prevention Panel of the Malaysian
Anti-Corruption Commission (MACC).
My reason for
submitting this resignation is my grave concern that you, as chairman of
the Consultation and Corruption Prevention Panel, have not convened a
meeting to discuss a critical issue of national interest that I had
brought to your attention one month ago.
This serious matter
involves two reports by the Independent News Service, entitled “Business
Ties Among MACC Leadership: How Deep Does It Go?” (Parts 1 and 2),
published on 26 October 2021. These reports, among other things, raise
disturbing questions about the “nexus between business and law
enforcement” and a “conflict of interest” situation involving MACC Chief
Commissioner Tan Sri Azam Baki, including if he had declared his
extensive ownership of corporate stock as required by law. Equally
disturbing is these reports’ further claim that a former MACC chief
commissioner was involved in a conflict-of-interest situation,
suggesting a trend in this institution that must be investigated
promptly.
When these reports were brought to my attention, I wrote
to you on 12 November 2021 asking that you convene a meeting of our
Consultation and Corruption Prevention Panel to discuss this matter. You
responded immediately stating that you would call for a meeting and
that you would ask the MACC’s administrative staff to organise it.
Two
weeks later, on 26 November, I wrote to you again, this time attaching
more information that I had received about the business links of Tan Sri
Azam’s family. I stressed that this information that I had received was
deeply troubling as it was based on extensive research. The author of
these reports had also listed her name, indicating she was available to
discuss this matter with the Consultation and Corruption Prevention
Panel. I also brought to your attention an editorial
in the Independent News Service, that its website had been hacked after
its reports on the MACC were published. I did not receive a response
from you to this letter.
On
14 December 2021, a month after I first brought this matter to your
attention, I wrote once more to you. I mentioned that I had not received
your response to my second latter, on 26 November, in spite of the
urgent matter at hand that we, the members of the Consultation and
Corruption Prevention Panel, had to discuss. I then stated that if I did
not hear from you that I would have to submit my resignation from the
Consultation and Corruption Prevention Panel.
It
is now two weeks since I sent you this letter. I have no choice but to
submit my resignation, which should be seen as my protest at the delay
on your part, as chairman of the Consultation and Corruption Prevention
Panel, to convene a meeting to discuss an issue that this panel is
duty-bound to review. Since we, the members of this panel, have
discussed during previous meetings the necessity to educate the public
on the repercussions of corruption and how imperative it is for us to
evaluate corruption-based issues brought to our attention by
whistleblowers, as well as the need to protect them for doing so, I find
this delay to convene a meeting unconscionable, even extremely
irresponsible. Moreover, by not acting on these reports involving the
sitting chief commissioner of the MACC, this inaction by us, advisors to
this anti-corruption institution, constitutes a serious dereliction of
duty to the nation.
As you are aware, I have written on this
matter to Tan Sri Abu Zahar bin Dato’ Nika Ujang, chairman of the MACC’s
Anti-Corruption Advisory Board. I have now written to Tan Sri Abu Zahar
on three occasions, providing him with the same information that I sent
you. I have proposed to Tan Sri Abu Zahar that I attend the meeting of
the Advisory Board to present these reports to its members. Tan Sri Abu
Zahar has not responded to my letters. It may well be that he has not
received these letters, but I have been assured by another member of the
board that this is not the case. I am also extremely disappointed that
the Advisory Board has not met to discuss this matter, even after it was
brought up in Parliament on 14 December 2021 and widely reported in the
media.
I
note too that Tan Sri Azam has not made a public statement about the
two well-publicised reports by the Independent News Service, nor has he
responded to public statements made by parliamentarians about his
business interests. This deafening silence on the part the chief
commissioner, although a serious allegation has been made about his
conduct, further indicates why the Advisory Panel as well as the
Consultation and Corruption Prevention Panel should meet to discuss this
matter.
Since you are reluctant to act on this matter, one of
evident national importance, I will be sending a copy of my letter of
resignation to the newspapers. I fear that unless the media is informed
of this matter and publicises the issue, there will be no attempt by the
chairmen of the Consultation and Corruption Prevention Panel and the
Advisory Board to act on the allegations about Tan Sri Azam to ensure
the integrity of the MACC is protected. Given the scale and scope of
allegations of corruption in Malaysia, it is imperative that we ensure
that the MACC is led by officers whose credibility is not in question.
I
deeply regret that I have not been able to convince you and Tan Sri
Zahar to act promptly and openly on this matter. I had hoped that I
could have contributed to a joint effort by us, the members of the
Consultation and Corruption Prevention Panel and the Advisory Board, to
look into these allegations and determine how we can ensure that the
integrity and credibility of the MACC is protected.
Dato’ Sri Ahmad Khusairi Yahaya, Deputy Chief Commissioner (Operations)
Dato’ Junipah Wandi, Deputy Chief Commissioner (Management and Professionalism)
Datuk Seri Norazlan Mohd Razali, Deputy Chief Commissioner (Prevention)
Tan Sri Abu Zahar bin Dato’ Nika Ujang, Chairman, Anti-Corruption Advisory Board- ALIRAN
Don resigns from MACC panel in protest of inaction against Azam Baki
Published: Dec 27, 2021 10:02 PM
⋅
Updated: Dec 28, 2021 6:32 PM
A
member of the MACC’s Consultation and Corruption Prevention Panel,
Edmund Terence Gomez, has resigned in protest of the panel’s inaction
against MACC chief commissioner Azam Baki’s alleged ownership of close
to two million shares in a public listed company.
Gomez (above)
said he had first brought the matter to the attention of the panel’s
chairperson Borhan Dolah on Nov 12 and had urged him to convene a
meeting to discuss the “critical issue of national interest”.
Though Borhan had initially responded immediately and agreed to convene the panel, the meeting never materialised.
Gomez
said he wrote two more times to Borhan about this matter and had
attached more information he received about the business links of Azam’s
family.
He
had also noted to Borhan that the website that had first published the
allegations against Azam had been hacked after the articles were
uploaded.
However, he did not receive any responses to either of the letters.
Forced to submit resignation
His
last letter to Borhan was on Dec 14, in which he said he would be
forced to submit his resignation from the panel if he did not hear from
Borhan on this matter.
“It is now two weeks since I sent you this letter.
“I
have no choice but to submit my resignation which should be seen as my
protest at the delay on your part, as chairperson of the Consultation
and Corruption Prevention Panel, to convene a meeting to discuss an
issue that this panel is duty-bound to review.
“Moreover, by not
acting on these reports involving the sitting chief commissioner of the
MACC, this inaction by us, advisers to this anti-corruption institution,
constitutes a serious dereliction of duty to the nation,” Gomez said in
his resignation letter to Borhan – dated Dec 27, 2021 – which was
sighted by Malaysiakini.
Gomez, who is a professor of
political economy at Universiti Malaya, also described the delay in
convening a meeting on this issue as being “unconscionable” and
“extremely irresponsible”.
Malaysiakini has contacted Azam for comments.
R
Sivarasa filed an urgent motion seeking the Dewan Rakyat to discuss
Azam Baki's alleged ownership of close to two million shares in a public
listed company
Previously, Sungai Buloh MP R Sivarasa had filed an urgent motion seeking the Dewan Rakyat to discuss Azam’s alleged ownership of close to two million shares in a public listed company.
Sivarasa
had alleged that between 2015 and 2016, when Azam was the MACC’s
investigation director, he had become the owner of 930,000 shares in
Gets Global Bhd as at April 30, 2015 and a further 1,029,000 shares as
at March 31, 2016.
The MP also claimed that, as of March 21, 2016,
Azam also owned 2,156,000 warrants in public listed Excel Force MSC
Bhd, while his younger brother owned 3,728,000 shares in Gets Global.
Sivarasa had noted that public servants are barred from owning more than RM100,000 value of shares in any company.
Public
officers are also required to declare all their assets to their heads
of departments under the Public Officers (Conduct and Discipline)
Regulations 1993.
Conflict-of-interest
In
his resignation letter, Gomez had also said it was “equally disturbing”
that there were reports claiming a former MACC chief commissioner was
also involved in a conflict-of-interest situation.
This suggests a trend in the MACC institution that must be investigated promptly, he said.
Gomez
said he has also written to MACC’s Anti-Corruption Advisory Board
chairperson Abu Zahar Nika Ujang on three occasions, providing Abu Zahar
with the same information he provided Borhan.
Abu Zahar has not responded to his letters.
“I
am also extremely disappointed that the advisory board has not met to
discuss this matter, even after it was brought up in Parliament on Dec
14 and widely reported in the media,” Gomez said.
He also noted that Azam has yet to respond publicly to the allegations against his business interests.
“This
deafening silence on the part of the chief commissioner, although a
serious allegation has been made about his conduct, further indicates
why the advisory panel, as well as the Consultation and Corruption
Prevention Panel, should meet to discuss this matter,” he said.
Gomez said he “deeply regrets” that he was not able to convince Borhan and Abu Zahar to act on this matter.
He
added that he had hoped he could contribute to a joint effort to look
into the allegations and determine how the integrity and credibility of
the MACC can be protected. - Malaysiakini, 27/12/2021
Chairman shoots down Gomez's claim on MACC panel's inaction
Malaysian
Anti-Corruption Commission’s (MACC) Consultation and Corruption
Prevention Panel has shot down claims by a former member that it is not
acting on the corruption allegations against chief commissioner Tan Sri
Azam Baki. - NSTP file pic
KUALA
LUMPUR: Malaysian Anti-Corruption Commission's (MACC) Consultation and
Corruption Prevention Panel has shot down claims by a former member that
it is not acting on the corruption allegations against chief
commissioner Tan Sri Azam Baki.
Its chairman Tan Sri Borhan Dolah said the panel's function was on
consultation and prevention of corruption, and not matters concerning
the abuse of power by civil servants.
Borhan said it was within former panel member, Prof Dr Edmund Terrence Gomez's right to resign from the panel.
However, he said Gomez's letter of resignation should be addressed to
the Prime Minister as all the committee members were appointed by the
premier and endorsed by Yang di-Pertuan Agong.
"The function of our panel is consultation and corruptions prevention
and (it has) nothing to do with civil officers abusing their powers to
be discussed in our panel.
"There is no so-called necessity for us to have a meeting just to
discuss the issue concerning the chief commissioner because he is a
civil servant.
"According to the civil servant procedure, if there has been an abuse
of power or action involving any civil servants, it will be under the
purview of Public Service Department director-general Tan Sri Mohd
Khairul Adib Abd Rahman.
"If there are any complete documents (on the matter), then it can be
directed to Tan Sri Adib so he can take appropriate action, but not to
us," Borhan said when contacted by the New Straits Times.
He further explained that in an initial email sent by Gomez in
November, the latter had mentioned that the MACC was badly criticised by
the public following several corruption cases involving the commission.
Borhan said the panel would assist the commission if needed, and this
would be done within the scope of the panel, which is consultation and
prevention.
"I told him that I would consider it and I contacted the MACC
secretariat for an opinion as this was not within the jurisdiction of
the panel.
"There are four panels led by MACC Anti-Corruption Advisory Board
chairman Tan Sri Abu Zahar Nika Ujang and these respective panels have
their own terms of reference."
Borhan also questioned why Gomez's resignation letter must bring up the allegation against Azam, who is a public servant.
"Why did you bring the issue concerning Azam upon your resignation?
You should know how civil servants are being addressed. Why bring it up
to the panel?
"I do not want my committee to be involved in any political
influence; and if there is political pressure on my panel to use them
(panel members), I have to stop that.
"He should know this. When he was in the panel, Gomez was not clear
in the issue and he wanted to bring the issue involving Azam and this is
a new (issue), which was just raised in December, not November.
"So I don't want to be involved in any political claims. I
understand you have a certain amount of politician-inclination, but
don't bring that to my panel. Don't bring any political interest
issues," Borhan said.
Yesterday, Gomez, who is an economist, resigned from the MACC's
Consultation and Corruption Prevention Panel in a letter addressed to
Borhan.
Gomez said his resignation was a sign of protest over the panel's
lack of action following the allegations against Azam owning close to
two million shares in a public listed company.
On Dec 14, Sungai Buloh member of parliament Sivarasa Rasiah had
filed an urgent motion seeking the Dewan Rakyat to discuss Azam's
alleged ownership of close to two million shares in a public listed
company. - New Straits Times, 28/12/2021
27 December 2021, Letter of Resignation to Tan Sri Borhan Dolah,Chairman
Consultation and Corruption Prevention Panel
Malaysian Anti-Corruption Commission
"This is to inform you that I am resigning from my position as a member of the Consultation
and Corruption Prevention Panel of the Malaysian Anti-Corruption Commission (MACC). My
reason for submitting this resignation is my grave concern that you, as Chairman of the
Consultation and Corruption Prevention Panel, have not convened a meeting to discuss a
critical issue of national interest that I had brought to your attention one month ago.
This serious matter involves two reports by the Independent News Service, entitled
“Business Ties Among MACC Leadership: How Deep Does It Go?” (Parts 1 and 2)
(https://theinsnews.com/postview/757-business-ties-among-macc-leadership-how-deep-doesit-go-part-1 and https://theinsnews.com/postview/758-business-ties-among-macc-leadershiphow-deep-does-it-go-part-2), published on 26 October 2021. These reports, among other
things, raise disturbing questions about the “nexus between business and law enforcement” and
a “conflict of interest” situation involving MACC Chief Commissioner Tan Sri Azam Baki,
including if he had declared his extensive ownership of corporate stock as required by law.
Equally disturbing is these reports’ further claim that a former MACC Chief Commissioner
was involved in a conflict-of-interest situation, suggesting a trend in this institution that must
be investigated promptly.
When these reports were brought to my attention, I wrote to you on 12 November 2021
asking that you convene a meeting of our Consultation and Corruption Prevention Panel to
discuss this matter. You responded immediately stating that you would call for a meeting and
that you would ask the MACC’s administrative staff to organize it.
Two weeks later, on 26 November, I wrote to you again, this time attaching more
information that I had received about the business links of Tan Sri Azam’s family. I stressed
that this information that I had received was deeply troubling as it was based on extensive
research. The author of these reports had also listed her name, indicating she was available to
discuss this matter with the Consultation and Corruption Prevention Panel. I also brought to
your attention an editorial in the Independent News Service, that its website had been hacked
after its reports on the MACC were published (https://theinsnews.com/postview/664-a-freepress-must-be-protected-at-all-cost). I did not receive a response from you to this letter.
On 14 December 2021, a month after I first brought this matter to your attention, I wrote
once more to you. I mentioned that I had not received your response to my second latter, on
26 November, in spite of the urgent matter at hand that we, the members of the Consultation
and Corruption Prevention Panel, had to discuss. I then stated that if I did not hear from you
that I would have to submit my resignation from the Consultation and Corruption Prevention
Panel.
It is now two weeks since I sent you this letter. I have no choice but to submit my
resignation which should be seen as my protest at the delay on your part, as Chairman of the
Consultation and Corruption Prevention Panel, to convene a meeting to discuss an issue that
this panel is duty-bound to review. Since we, the members of this panel, have discussed during
previous meetings the necessity to educate the public on the repercussions of corruption and
how imperative it is for us to evaluate corruption-based issues brought to our attention by
whistle-blowers, as well as the need to protect them for doing so, I find this delay to convene
a meeting unconscionable, even extremely irresponsible. Moreover, by not acting on these
reports involving the sitting Chief Commissioner of the MACC, this inaction by us, advisors
to this anti-corruption institution, constitutes a serious dereliction of duty to the nation.
As you are aware, I have written on this matter to Tan Sri Abu Zahar bin Dato’ Nika
Ujang, Chairman of the MACC’s Anti-Corruption Advisory Board. I have now written to Tan
Sri Abu Zahar on three occasions, providing him with the same information that I sent you. I
have proposed to Tan Sri Abu Zahar that I attend the meeting of the Advisory Board to present
these reports to its members. Tan Sri Abu Zahar has not responded to my letters. It may well
be that he has not received these letters, but I have been assured by another member of the
Board that this is not the case. I am also extremely disappointed that the Advisory Board has
not met to discuss this matter, even after it was brought up in parliament on 14 December 2021
and widely reported in the media.
I note too that Tan Sri Azam has not made a public statement about the two wellpublicized reports by the Independent News Service, nor has he responded to public statements
made by parliamentarians about his business interests. This deafening silence on the part the
Chief Commissioner, although a serious allegation has been made about his conduct, further
indicates why the Advisory Panel as well as the Consultation and Corruption Prevention Panel
should meet to discuss this matter.
Since you are reluctant to act on this matter, one of evident national importance, I will
be sending a copy of my letter of resignation to the newspapers. I fear that unless the media is
informed of this matter and publicizes the issue, there will be no attempt by the Chairmen of
the Consultation and Corruption Prevention Panel and the Advisory Board to act on the
allegations about Tan Sri Azam to ensure the integrity of the MACC is protected. Given the
scale and scope of allegations of corruption in Malaysia, it is imperative that we ensure that the
MACC is led by officers whose credibility is not in question.
I deeply regret that I have not been able to convince you and Tan Sri Zahar to act
promptly and openly on this matter. I had hoped that I could have contributed to a joint effort
by us, the members of the Consultation and Corruption Prevention Panel and the Advisory
Board, to look into these allegations and determine how we can ensure that the integrity and
credibility of the MACC is protected.
Yours sincerely,
Dr Edmund Terence Gomez
c.c.
Dato’ Sri Ahmad Khusairi Yahaya, Deputy Chief Commissioner (Operation)
Dato’ Junipah Wandi, Deputy Chief Commissioner (Management & Professionalism)
Datuk Seri Norazlan Mohd Razali, Deputy Chief Commissioner (Prevention)
Tan Sri Abu Zahar Bin Dato’ Nika Ujang, Chairman, Anti-Corruption Advisory Board" --27 December 2021 Letter of Resignation to Tan Sri Borhan Dolah,Chairman
Consultation and Corruption Prevention Panel
Malaysian Anti-Corruption Commission
What is the Malaysian government on Migrant Workers?
Is there still a policy that there shall be less that 30% migrant workers at a workplace? (An apparent government policy before to ensure that local workers still have a right to employment - 70% of jobs in a workplace. Or is there no such policy anymore?) Without local workers at a workplace, the workers there are deprived of the right to form an in-house trade union - so the workers there are denied the ability to fight for better rights through a Trade Union ...through a collective bargaining agreement.
Some employers circumvent this restriction on usage of migrant workers, simply by keeping their employee numbers low(where they comply with the policy of no more that 30% employees - by simply using supplied workers provided by labour suppliers(the contractor for labour) who supplies the rest of the workers - hence, the number of migrant workers surpass the 30% limit - for the supplied workers are still taken as employees of the contractor for labour - not the workplaces)
There are rumors that in some workplaces, especially operated by foreign companies, are allowed by the Malaysian government to use 100% migrant labour - sometimes coming from the same country as the said 'foreign investor'..Is this true?
The entry and availability to cheap foreign workers to employers in Malaysia did impact seriously on the Malaysian workers to demand higher wages/income and better rights - as would have been a natural consequence of market forces... when cheap migrant labour was easily available - local workers, who wanted better wages and conditions were put off... Malaysian construction workers, who previously were paid according to skills are today no longer found in construction...
FORCED LABOUR - workers are supposed to have free choice of employers or workplaces. With the contractor for labour system, the workers are FORCED to work whereever based on what the contractor of labour orders. This makes it 'forced labour'. The contractor for labour system must be abolished - and recruitment of migrant workers SHOULD be allowed only by the workplace/factory owner that needs migrant workers after efforts to get local workers failed.
If Malaysia needs migrant workers, should not priority be given to workers from ASEAN member states first...
Recruitment and use of migrant workers also need to be reformed. Migrant workers must be recruited based on fixed term contracts of 3 to 5 years. The current annual contracts practice simply do not work and is unjust to migrant workers - the cost involved in recruitment, travel, compliance of medical and other conditions, etc simply does not justify short term contractual employment with all its cost and conditions - Justly, a guaranteed 3 to 5 year employment contract is more just.
Access to justice - another problem for migrant workers to claim rights against employer, but SADLY a plus factor why employ migrant workers - so easy to 'exploit' and 'violate rights' with them poor victims have almost no way to claim their rights. If they try to stay to fight for their rights, they break immigration law, and can be arrested, whipped, deported...
The inability to change employer - makes it also 'FORCED LABOUR'...
Will our dependence on migrant workers - erase/reduce the availability of Malaysians with the needed skills to do certain types of work?
Press
Release
Commemorating
International Migrants Day 2021
The Malaysian Bar commemorates
International Migrants Day, observed on 18 December annually. It
is a day for us to acknowledge the hard work of migrant workers who
contribute significantly to the economic development of Malaysia as
well as their home countries.
Migrant workers comprise a sizeable proportion of the Malaysian
workforce, yet their importance is hardly publicly recognised.
Migrant workers form the backbone of our country’s economy, primarily
in critical industries such as plantations, manufacturing, agriculture,
and construction. Undoubtedly, Malaysia would be a vastly
different country in the absence of migrant workers.
However, despite their ubiquity in the labour market, migrant workers
have been portrayed as a potential threat to the country’s long-term
social and economic development.1 Many migrant workers
face barriers that prevent access to justice — including their fear of
termination from their jobs and discrimination from the
authorities. Their lack of information about their rights to
redress significantly hampers their chances of getting justice.
There is much that needs to be improved when it comes to protecting the
rights of the migrant community. During the height of the
COVID-19 pandemic, the Government had conducted several raids that led
to the detention of more than 18,000 undocumented migrant workers2
— an unnecessary step under the circumstances.
Equality before the law is a right enshrined under Article 8 of the
Federal Constitution and applies to all persons in Malaysia,
irrespective of nationality or citizenship. However, migrant
workers face barriers that make it incredibly difficult to access the
legal system. They usually arrive in Malaysia under dire
financial circumstances. The ability of these individuals to work
in a safe environment, where their rights are protected, could mean the
difference between financial security and financial ruin.
The Malaysian Bar is a firm advocate of equal access to justice for all
individuals, irrespective of their immigration status. Although
migrant workers contribute their skills to build a stronger and more
prosperous economy for our country, they still lack the fundamental
awareness of the laws that protect them. Most return home without
any redress for the losses they may have suffered.
They are also vulnerable to the arbitrary seizure of passports,
deportations, physical and mental torture, forced labour with little or
no pay, discrimination, and sexual harassment.3 These
are especially true for undocumented migrants. However, we must
bear in mind that some of these workers became “undocumented” for a
variety of reasons — they may have lost their legal status during their
stay here or might not have been able to renew their documents due to
the COVID-19 pandemic — and not necessarily due to entering the country
illegally. Some may even have been trafficked into our country by
unscrupulous individuals. What we need to do is to treat all
migrants, whether documented or not, with respect and with dignity.
On this International Migrants Day, the Malaysian Bar calls on the
Government to:
(1) Implement the recommendations put forward by the
Bar Council in its report titled “Developing a Comprehensive Policy
Framework for Migrant Labour”4 , including:
(a) working closely
with country-of-origin governments to fine-tune the recruitment system
— to ensure that migrant workers are recruited fairly and equipped with
the necessary skills in tandem with their employment, as well as
knowledge of their labour rights and obligations; and
(b) extending the Malaysian Government’s legal aid
programmes, including the Legal Aid Department (Jabatan Bantuan Guaman)
and National Legal Aid Foundation (Yayasan Bantuan Guaman Kebangsaan,
“YBGK”), to cater for migrants and refugees in Malaysia;
(2) Make public the report by the Independent
Committee on the Management of Foreign Workers to implement the
recommendations therein;
(3) Grant undocumented workers the right to file
cases in the Labour Court;
(4) Ensure full respect for the human rights and
humane treatment of migrants, regardless of their migration status, in
line with the 2030 Agenda for Sustainable Development, adopted by the
United Nations General Assembly on 25 September 2015;
(5) Accede to the various international conventions
which Malaysia has yet to do so, including:
(a) the International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, adopted by the United Nations General
Assembly on 18 December 1990. This Convention recognises and
guarantees respect for the dignity and rights of all migrants,
regardless of their national origin or immigration status; and
(b) the C189 - Domestic Workers Convention, 2011 (No.
189), adopted by the International Labour Organization on 16 June
2011. This Convention recognises the need to ensure the effective
promotion and protection of the human rights of domestic workers; and
(6) Adhere to the principles in the Global Compact
for Safe, Orderly and Regular Migration agreement, wherein Malaysia is
a signatory.
We need to continuously look at the ways to remedy the problems and
barriers faced by migrant workers on our shores. The Malaysian
Bar is ready to work closely with all stakeholders and the Government
to provide any assistance towards realising this objective.
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.].
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.
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
NO LOCAL COUNCIL ELECTIONS because of money is a LAME excuse, to undermine peoples' democratic rights.
Is the real reason not simply the maintenance of control of Local Government by State and/or Federal Government - for political appointees are really 'YES MEN' who would do as their political bosses order - not persons, who will act and decide, for the best interest of the 'citizens' of a local government/local council jurisdiction.
Even after Najib's SRC case - where it disclosed the danger of 'political appointee' Directors, etc that makes it so easy for some to abuse their power unchecked - and even steal the people's money. Why did SRC Directors do their job as Directors of a Company? Why did KWAP agree to provide Billions of Ringgit Loans to SRC - a rather risky endeavor? Why did the Malaysian Cabinet agree to guarantee the loans? Do political appointed Directors, officers even think - or do they simply follow blindly as 'instructed'?
Likewise, without a democratically elected Local Council(the Local Government), the people loss their rights and ability to decide on the development or priorities of their own local government areas?
MONEY - well, local government make a lot of monies > and as such, this is not even an issue really. 1 single double story shop-house pays about RM1,000 to the local government. Every house also pays. ...To run a business, pay...signboards - pay >>>YES, Local Government has a LOT OF MONEY.
Maybe to save monies, we should cancel General Elections at the Federal and State levels too...absurd, is it not?
In Malaysia, our kampung/taman/kampung baru leaders are also 'politically appointed' - not democratically elected. Why not?
When the local government makes a stupid decision to approve a dangerous project near our homes - the right of the people to object or have a say is simply 'stolen' as politically appointed local governments and community leaders seldom even consult, let alone take into account the views of the people. [How does your LOCAL COUNCIL spend its millions(or billions) of ringgit for the community - accounts and annual reports of many Local Council's simply is not available on the local Council website - and the people have no right to even 'kick out' this political appointed Councillors, who make ALL the decision in terms of laws and monies of the local council - local government..]
REMOVE Federal Government Control as to whether States can have local council elections or not...PH PLUS should have done that basis amendment first, then Selangor, Penang ...can have local council elections...
We all know that the FEDERAL GOVERNMENT has control over whether local council elections be held in the various States - then, why don't this control be relinquished back to the States - and let the States(now governed by different parties) decide whether or not to have local council/local government elections...
3 LEVELS OF GOVERNMENT - we have democratic rights to choose our reps only in two thirds (NAY, only 50% because we still also do not have the right to elect the SENATORS. So maybe, abolish the Senate, if no money, and let's have local government elections)
LOCAL GOVERNMENT(or Local Councils) - which we elected until suspension of election due to the Indonesian Confrontation - and later continued to be suspended by the Federal Government through an Act of Parliament...
For the people, the Local Government is maybe the most important and very important. A people elected Local Government would have most likely not allowed the building/operation of rare earth factories/depositories or other factories that are risky to the people and environment, not allowed anti-people development projects, etc... BUT, if the local government(local council) was made up of political appointees by State/Federal government, then they will most likely 'rubber stamp' or do as their 'masters' want.., NO ELECTION MEANS people do not matter - only the whims and fancies of those with the power to appoint and re-appoint them...
Local Government makes a lot of MONIES - well, annually every person owing a house or a shop-lot pays a lot of money to the Local Council [1 shop, ground and 1st floor - at least RM1,000????].
Local Government LOT OF POWER - If you want to operate a business within the jurisdiction of a local government(a.k.a. Local Council), you need their permission and have to pay fees not just for business permits, signboards, etc. They also collect monies from a variety of summons - parking, breach of regulations at your business and even home. [REMEMBER - local government also have the power to make their own laws and enforce it].
PH Plus took us for a ride - promise that they will act on it on the 3rd year
PN-BN Plus 'cheated' us as well - we believed the needed will be done in 2021, and by end 2021 we will REGAIN OUR DEMOCRATIC RIGHT TO CHOOSE OUR REPRESENTATIVES IN LOCAL GOVERNMENT..
No local council elections as they will cost millions, says minister
Housing
and local government minister Reezal Merican Naina Merican says it will
cost at least RM300 million for all the 151 local councils to hold
elections every two years.
PETALING JAYA: The government will not be considering implementing local government elections, housing and local government minister Reezal Merican Naina Merican said.
He said this is due to the high costs of carrying out such elections, estimated at RM2 million for every local council.
This amounts to RM302 million for all the 151 local councils nationwide, he said in a written parliamentary reply to Maria Chin Abdullah (PH-Petaling Jaya).
“The cost estimates are just a minimum and do not include hidden costs that will be borne by other related agencies such as the police to monitor safety during elections and members of the People’s Volunteer Corps (Rela) to control the situation at voting stations,” he said.
He said carrying out local government elections every two years may also disrupt their functions to provide services to the people, with greater focus and energy going towards campaigning.
Reezal said the existing system for the appointment of local councillors was effective and had been able to provide the best services to the people without requiring the elections.
“Through the existing system, members of local councils who do not perform may be terminated or may not be re-appointed after their tenure,” he said.
“Usually, council members are appointed for a period of two years and those showing poor performance will be terminated to ensure that the councils’ service to the people will not be affected.”
The ministry, through collaboration with their training centres and the local council department, also provides training for the improvement of council members every year to shape competent and effective council members.
Reezal said the ministry was also developing guidelines for the appointments of local council members.
Under the guidelines, appointments must fulfil certain criteria such as having academic qualifications and professional experience.
The proposal to implement local council elections was one of the items promised under the Pakatan Harapan (PH) election manifesto for the 2018 general election.
However, the Cabinet on July 17, 2020 agreed not to go ahead with such elections.
Former housing and local government minister Zuraida Kamaruddin had said that local councils should instead take smaller steps towards opening up, as elections might be too drastic a move at present.
There had also been many objections to bringing back local government elections, even by former prime minister Dr Mahathir Mohamad, who cited concerns of racial conflicts.- FMT, 9/12/2021
Surely not investigating the dead man's crimes - so, a positive move for police to investigate the police who shot and killed
Media
Statement – 16/12/2021
Sarawak Police investigating police
who shot person dead must be independent, and lead to suspects being openly tried
in court, and not subject to internal ‘secret’ disciplinary action
No preferential treatment for police
law-breakers especially in extrajudicial killings
MADPET(Malaysians Against Death Penalty and Torture) applauds
the fact that the police is investigating the killingof a 24 year old man by the police in Sarawak
for murder under the Penal Code and
offences under the Arms Act 1960. Later, one may be charged for murder,
culpable homicide not amounting to murder or for some lesser killing offence.
Police who shot dead ‘suspect’ investigated for Murder
On 15/12/2021, a man driving a Proton Saga was shot dead by
the police after he allegedly tried to evade and ram into the police along
Jalan Simpang Tiga in Kuching, Sarawak. It was alleged the man had been
instructed to stop for checks by the police for driving recklessly, but he ignored the order and sped off, hitting
several cars along the way before arriving at a traffic light junction in Jalan
Simpang Tiga.
Another report said that the man driving a Proton Saga was
said to be behaving in a suspicious manner and when instructed by police to
stop, he drove his car at high speed towards them.
Another report suggested that the police already knew he was
a wanted criminal suspect. There are contradictions in media reports, and the
real truth is difficult to determine from media reports.
The only known truth seems to be that the man was shot dead
by the police.
‘Sarawak Police
Commissioner Datuk Aidi Ismail when contacted confirmed the case.,"Police
will carry out a complete investigation into the case under Section 307 of
the Penal Code and Section 8(a) of the Arms Act 1960," he said. The
road was closed for more than five hours for the police to investigate
the case, forcing motorists to use alternative routes.’(New Straits Times,
16/2/2021).
This reasonably means that the police is investigating the
police officers who shot dead the victim, for it is nonsense for the police to
be now investigating a dead victim.
In this case, MADPET sees no other option but to now charge
the said suspected police officers for the killing of this person, and in court
the accused police officers then will have every opportunity to raise whatever defenses
including maybe ‘self defence’, and leave it to the court to decide on their
guilt and/or innocence.
Police can only arrest not kill suspects
The police in Malaysia, under the law, is empowered to only
arrest, and is permitted to use reasonable force to arrest – not kill as
provided for in section 15 of the Malaysian Criminal Procedure Code 199(Act
153)(CPC).
Only Police killing of only persons already accused of
serious crimes whilst trying to arrest may be excusable under CPC
Section 15(3) CPC 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.’
In this case, it seems clear that the said victim is
certainly not a person ‘accused of an offence punishable with death or with
imprisonment for life.’ If he was accussed, he would have already been charged
in court, and so, at most, now he is merely a suspect, as such the killing of
such suspects is not permissible in Malaysian law or the CPC.
Was the incident a pre-meditated or accidental encounter?
Media reports suggest that the police shot the victim dead
allegedly because he tried to use his car to ram into the police, but there is
no indication that the now deceased had used any firearms on the police.
Another media report suggests this may have been a pre-meditated or planned
police action to arrest the suspect of several crimes, and hopefully not to
kill. Or was it merely a chance encounter by a police patrol unit? [Astro Awani
15/12/2021, Malay Mail 16/12/2021, Borneo Post 15/12/2021)
Public Prosecutor, SUHAKAM, EAIC and others to ensure
independence of investigation/prosecution
MADPET urges a comprehensive and independent investigation of
these police suspects, with no cover-ups or preferential treatment simply on the
basis that the suspects are police
officers.
It is best that investigating officers are not from the same
station or the same police district or even the police. It may be best if the
Coroner and the Public Prosecutor are involved in the investigation from the
onset.
MADPET also urges SUHAKAM (Malaysian National Human Rights
Commission), and the Enforcement Agency Integrity Commission(EAIC) to also
closely monitor this case to ensure that there be an independent investigation
and prosecution of said police officers.
MADPET urges the suspects to be charged and tried in court,
and not be simply subject to some ‘secretive’ internal disciplinary action.
Crimes must be punished in accordance to the law.
Government/Police Priority Is To Prove That It Was Not An
Extra-Judicial Killing
If the said police officers were acting on orders and/or authorization
of the police, then this would be extrajudicial killing. If they were acting in
pursuance of their duties, it would again be extrajudicial killings.
However, if they were acting on their own at the behest(or
orders) of another or for payment, then it may not extrajudicial killing but
simple murder or an ordinary crime.
Truth must be revealed, and at present, it will be reasonable
that it be presumed to be an extrajudicial killing, making it a priority for
government and police to prove that it was not an extrajudicial killing.
There have been too many incidents of police shot alleged
suspects or other innocent persons in Malaysia, where there was no closure –
let alone proper independent investigations and/or prosecutions. Were they all
extrajudicial killings?
Even in cases of death in custody, where SUHAKAM and/or the
EAIC, after an proper inquiry found police officers criminally liable for the
death of victims and/or other related offences like tampering of evidence,
makes recommendations that they be charged in court, we have seen a failure of
the government, police and/or the public prosecutor to charge and try them in
criminal courts. It is embarrassing when thereafter, civil actions by the
deceased’s families against the said officers and the police succeeds.
Recent SUHAKAM’s finding after public inquiries of enforced disappearance
caused by police officers, have not yet to see any police officer being charged
and tried in court.
This recent assurance by the Sarawak Police Commissioner of a
thorough investigation of the police officers in this recent ‘shoot to kill’
incident gives us hope, that even police officers that committed crimes are not
above the law, and will be investigated charged and tried.
MADPET reiterates the call for an independent investigation
or re-investigation in all past ‘shoot to kill’ or extrajudicial killing
incidents, as there is no limitation when it comes to crime, and the wrongdoers
must be charged and accorded a fair trial in an open court. Secret disciplinary
actions must beavoided.
MADPET reiterates for the criminalization of extrajudicial
killings in Malaysia;
MADPET also calls on the government to disclose statistics
and information about all deaths by reason of police shootings, and the steps
taken against the perpetrators.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
POLICE INVESTIGATING THE DEAD? Must be police officers that shot the man dead...
Sarawak
Police Commissioner Datuk Aidi Ismail when contacted confirmed the
case. "Police will carry out a complete investigation into the case
under
Section 307 of the Penal Code and Section 8(a) of the Arms Act 1960," he
said.
Section 307 Penal Code - Attempt to murder
Section 8(a) Arms Act 1960 - Any person who in contravention of the provisions of this Act-(a)
has in his possession, custody or control, or carries or uses any arm
or ammunition without an arms licence or arms permit in that behalf or
otherwise than as authorized by the licence or permit or, in the case of
ammunition, in quantities in excess of those so authorized; or...(b)...
Section 15 Criminal Procedure Code - Arrest, how made
(1) In
making an arrest the police officer or other person making the same
shall actually touch or confine the body of the person to be arrested
unless there is a submission to the custody by word or action.
(2)
If such person forcibly resist the endeavour to arrest him or attempt
to evade the arrest such officer or other person may use all means
necessary to effect the arrest.
(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.
Man shot dead after trying to ram cops near Kuching
It
was learnt that the man, who was driving a Proton Saga, had been
instructed to stop for checks by the police for driving recklessly. -
NSTP/MELVIN JONI.
KUCHING:
A man was shot dead after he allegedly tried to evade and ram into the
police along Jalan Simpang Tiga, here, last night.
It was learnt that the man, who was driving a Proton Saga, had been
instructed to stop for checks by the police for driving recklessly.
The man, however, ignored the order and sped off, hitting several
cars along the way before arriving at a traffic light junction in Jalan
Simpang Tiga.
He was said to have tried to ram into the police when they attempted
to approach the vehicle to apprehend him. This forced the police to open
fire.
A team paramedics deployed to the scene confirmed that the man, 24, died on the spot.
Sarawak Police Commissioner Datuk Aidi Ismail when contacted confirmed the case.
"Police will carry out a complete investigation into the case under
Section 307 of the Penal Code and Section 8(a) of the Arms Act 1960," he
said.
The road was closed for more than five hours for the police to
investigate the case, forcing motorists to use alternative routes. - NST, 16/12/2021
(UPDATED) Man believed shot dead after attempting to evade, ram cops in Kuching
Police investigating the old Proton Saga driven by the suspect.
KUCHING (Dec 15): A man was believed to have been shot dead after he
allegedly attempted to evade and ram police personnel around 7.20pm at
Jalan Simpang Tiga traffic light intersection here tonight.
It was said that the suspect, driving an old Proton Saga, had been ordered by the police to stop for checks.
He however disregarded the order and sped off, hitting several vehicles at the traffic light intersection.
Several police personnel tried to approach the vehicle to apprehend
the suspect but he was said to have attempted to ram them to try to
escape, which prompted the police to fire several shots at him.
Paramedics at the scene confirmed that the suspect had died.
Sarawak Police Commissioner Datuk Aidi Ismail in a statement later
said the police had fired shots on the Proton Saga which was driven
suspiciously and dangerously, in an attempt to stop it.
“Upon checks, paramedics have confirmed that the suspect, a local man around 24 years old, has died on the spot,” he said.
He said the case is being investigated 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. - Borneo Post, 15/12/2021
Man shot dead after trying to plow into cops in Kuching
Thursday, 16 Dec 2021 06:04 AM MYT
Sources said police were forced to
open fire when the suspect tried to run down several traffic policemen
who attempted to apprehend him. — Picture by Ahmad Zamzahuri
KUCHING, Dec 16 — A motorist was shot dead after he allegedly tried
to ram his car into a police patrol vehicle at the Jalan Simpang
Tiga-Batu Lintang junction here last night.
In the 7.40pm incident, the man driving a Proton Saga was said to be
behaving in a suspicious manner and when instructed by police to stop,
he drove his car at high speed towards them.
It is understood that the suspect, whose identity has not been
disclosed, hit several cars at the traffic light junction while trying
to flee.
Sources said police were forced to open fire when the suspect tried
to run down several traffic policemen who attempted to apprehend him.
Sarawak CID chief SAC Lukas Aket, when contacted, confirmed the incident. — Bernama - Malay Mail, 16/12/2021
Wanted Man Shot Dead In Kuching After He Tried To Escape From Police
This incident took place after the man had realised that
traffic officers were tailing him in a vehicle and tried to escape at a
traffic light intersection. Several vehicles were damaged as the suspect
collided into them in his attempt to flee custody.
When the officers from the Kuching District Police Headquarters tried
to arrest the suspect, he fought back which caused the officers to fire
several shots.
The Borneo Post shared that the suspect is confirmed to be dead on the scene.
“Upon checks, paramedics have confirmed that the suspect,
a local man around 24 years old, has died on the spot”, said Sarawak
Police Commissioner Datuk Aidi Ismail.
Kuching folks, did you witness the incident? Let us know in the comment section. - World of Buzz, 16/12/2021
Polis tembak mati lelaki dikehendaki
Astro Awani
Disember 15, 2021 21:31 MYT
Suspek adalah individu yang dikehendaki polis kerana terlibat dalam beberapa kes jenayah sebelum ini.
KUCHING:
Seorang lelaki mati selepas ditembak polis di persimpangan Jalan
Simpang Tiga - Batu Lintang, dekat sini sekitar jam 7.40 malam Rabu.
Suspek adalah individu yang dikehendaki polis kerana terlibat dalam beberapa kes jenayah sebelum ini.
Suspek
dipercayai berasal dari Kampung Pinang Jawa, Kuching telah melanggar
beberapa kenderaan dalam usahanya melarikan diri di persimpangan lampu
isyarat di Jalan Simpang Tiga sebaik sahaja menyedari diekori polis. Astro Awani, 15/12/2021
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