Laughable when when Prime Minister's Department (Law and Institutional Reform) Minister Azalina Othman Said suggested to file a complaint with the Independent Police Conduct Commission (IPCC) because the IPCC we have today is nothing but a 'sorting machine' and so this being a criminal case would be ultimately send back to the Police to Investigate and Prosecute...
It would have been different if we had the the Independent Police Complaints and Misconduct Commission (IPCMC), which would have been an independent, external oversight body, whose principal function is to receive and investigate complaints about PDRM and its personnel, who is expected to (generally) conduct public hearings and be accountable to Parliament. An IPCMC should also have the power to prosecute - for asking the police or prosecution to charge them in court has been found to be useless. How many of the persons recommended by the SUHAKAM(Malaysian Human Rights Commission) and/or the Enforcement Agency Integrity Commission (EAIC) to be prosecuted to date have been charged?
Even in death in custody cases, extra-judicial killing cases and/or enforced disappearance cases, the only justice that families of victims get is when they take their OWN civil cases...This is a SAD state of affair, for we want a government that will take action on behalf of victims and get the guilty charged and convicted of their crimes...
When court awards damages to family of persons who died in custody, the Malaysian government must recover the monies paid from the officers that killed or contributed to the death?
Repeal, not amend, The Independent Police Conduct Commission Act 2022...Wrong for Anwar’s PH-led government to put into force law that was even previously opposed by PH MPs in Parliament. Remove appointed Commissioners of IPCC to save monies?
This case reminds us of another case involving the police bodyguards of a VIP - the murder of Altantuya Sharibu, and in that case the VIP is convicted criminal and former Prime Minister of Najib Abdul Razak. Allegations have been made, that the 'bodyguards' acted on ORDERS or instructions of the VIP and/or his agents - there has yet to be any acceptable conclusions to this allegations - but the fact that
The Shah Alam High Court today acquitted political analyst Abdul Razak Baginda of abetting the murder of Mongolian national Altantuya Shaariibuu.
Justice Mohd Zaki Md Yasin ruled that the prosecution has failed to prove a case against Abdul Razak....
Abdul Razak, a close associate of Deputy Prime Minister Najib Razak had faced the death penalty by hanging if found guilty of abetting the 2006 murder of his former lover Altantuya, whose body was blown up with explosives in a jungle clearing....
The court however ordered chief inspector Azilah Hadri, 32 and corporal Sirul Azhar Umar, 37 - from the elite Special Action Force (UTK) which guards the prime minister and deputy prime minister - to enter their defence to the charge of murder.
However, the Prosecution FAILED to appeal Razak Baginda's acquittal - 'The clock has run out on a possible appeal against the acquittal of political analyst Abdul Razak Baginda, who had been charged with abetting in the murder of Mongolian national Altantuya Shaariibuu.- Malaysiakini, 14/11/2008. Odd, prosecution would normally not charge anyone unless they are confident of proving him/her guilty in court > so in such acquittals without defence being called, it is always best to appeal >> to confirm that the High Court did not make a mistake.
Anyway, reminding what happened...
Razak was charged with abetting Azilah and Sirul Azhar in the murder of Altantuya, 28, in 2006, but was acquitted by the Shah Alam High Court in October 2008 without calling for his defence, while Azilah and Sirul Azhar were convicted of the offence in 2009.
On August 23, 2013, the Court of Appeal allowed Azilah and Sirul Azhar’s appeal and acquitted them of the charge.
However, on January 13, 2015, the Federal Court allowed the prosecution’s appeal and set aside the Court of Appeal’s decision. It found Sirul Azhar and Azilah guilty and sentenced them to death by hanging.
However, with regard to Razak Baginda, the family of Altantuya was successful in the civil suit
On Dec 16, the Shah Alam High Court ruled former police officers chief inspector Azilah Hadri, corporal Sirul Azhar Umar, the government and Abdul Razak were liable in Altantuya’s death and ordered them to pay RM5 million in compensation to the family.
Court of Appeal judge Datuk Vazeer Alam Mydin Meera, sitting as a High Court judge, said all four hence needed to pay damages, but said the amount of RM100 million sought by the family of the slain Mongolian was excessive.
“Hence, the court awards damages to be paid jointly by all four defendants (Azilah, Sirul, Abdul Razak and the Government) of RM5 million in general, aggravated and exemplary damages to the deceased's family,” he ruled last month...
Abdul Razak, the court said, had sought help from deputy superintendent Musa Safri, who was the aide-de-camp to then deputy prime minister Datuk Seri Najib Razak, to deal with Altantuya, and hence Azilah was dispatched to meet the political analyst.
It was during this meeting that Azilah related that he could "habiskan perempuan itu" (finish off the woman) and admitted that he had done this several times.
The judge said that Abdul Razak, in his cautioned statement admitted that Azilah told him the policeman could "habiskan perempuan itu", and the political analyst replied "perkara sebegini kita jangan fikir" (we should not think of such things).
“He (Abdul Razak) nevertheless continued to seek Azilah’s assistance to deal with the deceased when she showed up outside his residence that fateful night." - Edge 12/1/2023
Now, this is a CRIMINAL Case - has the alleged perpetrator been arrested, remanded or even called in to record a statement by the police yet? Have the witnesses been called in and investigated yet? Given the location of the offence, has the police secured the various CCTV evidence? Have the 'palace officer' who caused the victim to make another police report to 'withdraw' the first report allegedly on condition of return of victim's handphone and receipt of some monies been arrested, remanded or investigated yet?
VIP Bodyguard assault of e-haling driver raises numerous questions
1 - Who are the VIPs in Malaysia that are provided with bodyguards and/or police escorts by the government of Malaysia? This is something that must be disclosed as these bodyguards and/or escorts are from the Malaysian police, it seems. Who are the VIPs that get this service - royalty/rulers, their spouse, their children/relatives, Prime Minister, PM's wife and kids, Minister's, etc > who exactly are provided police body guards and escorts - how many police officers are doing this kind of work, and thus not be able to do usual police duties of law enforcement? What is the financial implication to the state?
2- When on bodyguard or escort duties, is the said VIP responsible for their wrongdoings and/or action/omission that could be against the law, or will it be the Home Minister and Inspector General who will be responsible for these officers actions/omissions?
3- Does the VIP have the power to order or direct the actions of the police escort/bodyguard assigned to him/her? Must the police officer LISTEN and follow the orders of the VIP? Here the Minister and IGP needs to CLARIFY? If the VIP orders the police-bodyguard to assault or even KILL, is the said police officer duty bound to do as ordered?
4 - This is crucial questions > the bodyguard or escort could have committed a CRIME, and normally employers are VICARIOUSLY liable for the actions of their staff > so, in this case will the VIP be VICARIOUSLY liable for the criminal actions of his/her bodyguard/staff? Or not - just the IGP and the Government of Malaysia?
5 - This now is a SERIOUS case
* If the police officer(body guard/escort) assaulted the e-hailing driver > then the crime of assault/battery may have been committed
* If the hand phone was taken - then it may be THEFT, or ROBBERY if force was used.
* If there was coercion/force to withdraw police report filed > then another Criminal Offense there. {In Malaysia, the fact that the complainant withdraws the police report WILL NOT stop the investigation of a crime. Here, the fact that money was given to withdraw makes it even more complex - was there BRIBERY and/or CORRUPTION involved - worse, the act of getting the police report withdrawn plus the paying of monies to do so was allegedly not done by the said police who assaulted or committed crimes against the victim but some 'palace official' (Which palace?)
### What is this about taking of the hand phone of the victim - did the victim record something 'illegal'?
6 - In the recent 'assault' case - should not the Home Minister and the IGP apologize to the VIP for the alleged 'assault' or wrongdoings?
7 - Has the said perpetrator police officer been TERMINATED - we really do not need such police officers, who by their actions against the law can also cause problems to the VIP they were assigned to guard.
8 - What can or cannot police officers assigned to VIPs do - Follow the law, they must - what else can they do according to law. Is there regulations or SOP(Standard Operating Procedures) that apply? What powers? Entitlement to police bodyguards/escorts for VIP when - all times or just when they are carrying out official duties?
I just hope that this case will not be swept under the carpet...
‘I do not condone any illegal action or intimidation’ – Johor Regent
He urged the police to probe the alleged assault of an e-hailing driver in an incident which took place at a hotel in Kuala Lumpur on Tuesday.
SHARIFAH SHAHIRAH
SHAH ALAM – His Royal Highness Tunku Ismail Sultan Ibrahim, the Regent of Johor urged the police to probe the alleged assault of an e-hailing driver in an incident which took place at a hotel in Kuala Lumpur on Tuesday.
Tunku Ismail said that he was informed of the incident the following day and immediately informed the police’s escort team to cooperate with the investigations.
“I do not condone any illegal action or intimidation. I urge the authorities to investigate thoroughly the incident where a police officer escort is alleged to have committed a harmful act.
“I hope the authorities will take action in accordance with the law and give the victim justice,” Tunku Ismail said in a post on X.
His Royal Highness also urged all quarters to allow the authorities to carry out the investigation.
Tunku Ismail added he was aware of attempts to tarnish the royal institution using this incident; however, he emphasised that linking the actions of external security personnel to himself, and the entire royal institution was uncalled for.
Previously, it was reported that a 46-year-old deaf Grab driver was assaulted by a VIP’s bodyguard after picking up four passengers outside a hotel in Kuala Lumpur last Tuesday.
The driver reportedly sustained soft tissue injuries and sought treatment at Kuala Lumpur Hospital. - Sinar Daily, 31/5/2024
Assaulted deaf e-hailing driver wants justice, says his lawyer
A deaf e-hailing driver who was assaulted by a security detail personnel last Monday wants justice and rejects any compensation, said his lawyers.
One of his lawyers, Latheefa Koya, told a press conference today that no one has been arrested over the incident.
This comes just as Inspector-General of Police Razarudin Husain said Bukit Aman will summon all officers involved in investigating the case to ensure a thorough investigation.
He said all those involved in the earlier investigation will have their statements recorded.
Earlier today, Kuala Lumpur police chief Rusdi Mohd Isa said investigation into the alleged assault was still going despite earlier reports that the case was “settled” after the victim allegedly accepted RM800 from a representative of the assailant.
Latheefa meanwhile said the victim did not agree to settle the case.
“The police have called him tomorrow to give his statement to assist with the investigation.
“We will be accompanying him tomorrow. We want the police to carry on with the investigation (wait to conclude) before looking any at legal options,” she said at a press conference in Petaling Jaya today.
Latheefa said that lawyer N Surendran and Lawyers for Liberty director Zaid Malek will be representing the victim Ong Ing Keong.
Earlier today, Johor Regent Tunku Ismail Sultan Ibrahim has hit out at attempts to link the royal institution to the alleged assault of an e-hailing driver.
“I do not condone any illegal action or intimidation. I urge the authorities to investigate thoroughly the incident where a police officer escort is alleged to have committed a harmful act.
“I hope the authorities will take action in accordance with the law and give the victim justice,” he said on X.
On Wednesday, police confirmed that the case involving Tunku Ismail’s bodyguard, who allegedly assaulted a disabled man at a hotel, has been amicably resolved.
Kuala Lumpur police said that was done after they received another report from the complainant late yesterday stating that the matter had resolved the matter amicably, and the victim did not want to prolong the case.
The Malaysian Deaf Advocacy and Wellbeing Organisation (DAWN) in a statement yesterday said it was alarming that the victim was allegedly pressured to settle the case for RM800.
“The victim said he felt pressured to drop the case and be compensated for his injuries instead of pursuing the matter which would see his mobile phone confiscated,” Dawn had said.
“He was told that if he were to proceed with the case, his mobile phone would be confiscated, but if he were to drop it, he would be compensated for his injuries.
“The question remains: how is the phone related to the assault incident?”
The victim had lodged a police report after he alleged he was assaulted at the hotel entrance as the VIP’s convoy was leaving.
Victim’s version
The victim, Ong. gave his version of events today.
He claimed to have accepted RM800 from a wakil istana (palace representative) as settlement when he went to lodge a police report.
“After lodging the report, the police said that a palace representative was coming.
“I then asked (the place representative) where the person who hit me was and he said the person was working.”
Ong claimed that the palace representative gave him two choices, which was to retract the case and they will return his phone, or go to court.
“The representative said they will pay for hospital treatment or go to court over the matter.
“I wanted the handphone, so I decided to drop the case. The officer then asked how much I wanted in compensation.
“They asked me to settle, and I asked for RM1,000. The place representative then gave RM800.”
Ong said that he wants fairness and justice in his case.– May 31, 2024. Malaysian Insight
Group cries foul after deaf man 'pressured to settle' assault case
Victim's rights were also assaulted, says Malaysian Deaf Advocacy and Wellbeing Organisation
Updated 3 days ago · Published on 31 May 2024 9:33AM
"The victim said he felt pressured to drop the case and be compensated for his injuries instead of pursuing the matter which would see his mobile phone confiscated," DAWN said, adding the Grab driver revealed that he had been presented with two options when he went to a police station to lodge a report.
"He was told that if he were to proceed with the case, his mobile phone would be confiscated, but if he were to drop it, he would be compensated for his injuries.
"The question remains: how is the phone related to the assault incident?"
The victim had allegedly asked for RM1,000 as compensation but the representative of his attacker offered him RM500 instead as he had the cash available. Several counter-offers were made until they finally agreed on RM800.
A police report was lodged against the bodyguard of a VIP for allegedly assaulting a disabled man at a hotel.
Bukit Aman Criminal Investigation Department director Shuhaily Zain told a press conference the case was filed under Section 323 of the Penal Code for voluntarily causing hurt.
The disabled Grab driver was parked at the hotel entrance as the VIP's convoy was leaving the property.
It was reported that the man had picked up four passenger at the hotel before one of the VIP bodyguards had knocked on his car door and assaulted him.
The driver sustained soft tissue injuries and was treated in Kuala Lumpur Hospital.
Hours after Shuhaily's press conference, Kuala Lumpur police chief Rusdi Mohd Isa said the case had been amicably resolved.
Rusdi said the driver had lodged a second police report stating that the matter had been “resolved amicably” and that he had attributed the incident to a “misunderstanding” and he did not want to pursue the matter.
But Lawyers for Liberty said there was no such thing as a “settlement” of a criminal case between the perpetrator and victim of a crime.
“Once the police receive information regarding commission of an offence, they are duty-bound to investigate the matter. Section 3(3) of the Police Act 1967 tasks PDRM with the preservation of the peace and security of Malaysia, the prevention and detection of crime and the apprehension and prosecution of offenders," Lawyers for Liberty director Zaid Malek had said.
DAWN said the incident was alarming, not only because the Grab driver was assaulted, but because his rights were not protected.
"Regardless of whether it was a misunderstanding, as purported by the media, every citizen, including the victim – whether disabled or not – must be treated equitably, with the inherent right to report incidents to the police for self-protection.
"Although he possesses an OKU card due to his inability to hear and speak (however, he is not mute), he should not be treated as a lesser citizen."
DAWN said the incident has “heightened the fears within the deaf community” regarding their lack of protection which has left them increasingly vulnerable. – May 31, 2024.
Complain to IPCC if doubtful of ehailing driver assault investigation, says Azalina
- Nation
-
Sunday, 02 Jun 2024
KUALA LUMPUR: Anyone can file a complaint with the Independent Police Conduct Commission (IPCC), which was established to protect the rights of all citizens, especially vulnerable groups, says Datuk Seri Azalina Othman Said.
"In a country that upholds the rule of law like Malaysia, no one is above the law, and the legal principle states that a person is innocent until proven guilty," said the Minister in the Prime Minister's Department (Law and Institutional Reform) in a post on X on Sunday.
She was addressing doubts by some quarters about the investigation into a VIP escort who allegedly assaulted a disabled man recently.
She also expressed her appreciation to the Regent of Johor, Tunku Mahkota Ismail Sultan Ibrahim, and Inspector-General of Police Tan Sri Razarudin Husain for their insistence on thoroughly investigating the case.
On Wednesday (May 25), Kuala Lumpur police chief Datuk Rusdi Mohd Isa reported that they received a complaint at 1pm on Tuesday (May 26) from an ehailing driver who claimed a member of a VIP entourage assaulted him.
The 46-year-old victim then filed a second report at 9.5 pm the same day, stating that the matter had been resolved amicably and he did not wish to pursue it further.
According to
media reports, the victim lodged the initial police report after being
punched in the head and told to move his vehicle while waiting for a
passenger at a hotel in Kuala Lumpur Sentral. – Bernama, Star, 2nd June, 2024
No comments:
Post a Comment