Saturday, April 25, 2020

Mongolian rape case - Police delay in submitting investigation paper to Public Prosecutor? Why?

Why is the police officer still not charged with regards to rape, kidnapping, MCO breaches of the 2 Mongolian women which happened on or about 10/4/2020? 

We thought the delay was on the part of the Public Prosecutor - because on 20/4/2020, police said investigation papers send already to Public Prosecutor BUT now apparently it has not yet - it was interestingly send to the police headquarters at Bukit Aman ...and still not send to the Public Prosecutor? WHY the delay in sending it to the Public Prosecutor? It is almost  2 weeks from the time of the arrest...

Earlier, we were told that the investigation papers have already been sent to the Public Prosecutor on 20/4/2020... 

Selangor Criminal Investigations Department chief Fadzil Ahmat told The Malaysian Insight the investigation paper had been sent to the deputy public prosecutor’s office in Shah Alam for further action. - Malaysian Insight, 20/4/2020 -Cop accused of raping Mongolians out on bail

Then, recently, we are told that the investigation paper is still with the police...

"We have taken the investigation paper to Bukit Aman and there are a few instructions that we need to execute before presenting it to the Deputy Public Prosecutor," he[Petaling Jaya OCPD Asst Comm Nik Ezanee Mohd Faisal] said Thursday (April 22). - Star, 23/4/2020 - Cop who allegedly raped Mongolian women suspended

Is it standard operating procedure(SOP) to send all investigation papers to Bukit Aman first before sending to the Public Prosecutor? I do not think so...or maybe this is because the alleged criminal is a police officer?


The police investigates, then they send their investigation report to the Public Prosecutor, who will then decide to CHARGE or he may ask for further investigation before he decides to charge or not.
SPEED is essential in cases where the alleged victim (and/or relevant witnesses are foreigners - so, why the delay? 

What are the possible offences?

1) Breach of MCO SOP - Well, when the police arrest a person who breached the MCO, should they not send them straight to the relevant police station - not take them to some hotel? 

Witnesses/Evidence:- When the victims were stopped, most likely there were other police officers, RELA or members of the Armed Forces present? Should they be charged as accessories or accomplices? Odd, if it was just one police officer at a roadblock?  Other witnesses? Brought to a hotel, and kept in a hotel room - again, there must be witnesses? CCTV footage...body cams?...

the women were stopped at a roadblock on Friday (April 10) night and were kept against their will at a nearby hotel for more than 24 hours before they were rescued by police.Petaling Jaya OCPD Asst Comm Nik Ezanee Mohd Faisal said they were alerted to the incident on Saturday (April 11) and began investigating the case at once....“We conducted an operation led by my deputy, Supt Ku Mashariman Ku Mahmood, due to the sensitive nature of the case...“We needed to conduct surveillance as our main priority was ensuring the two women were in no further danger, ” he told reporters when met at the MCO roadblock along Jalan PJU 7/1 at Mutiara Damansara on Sunday (April 12).

2) Rape - Medical evidence would not be that late. Further the police ought to have already gathered the required forensic evidence...The victims are in Malaysia, and so are the other 3 Mongolian women witnesses... for now.
“They were being held against their will at the hotel and we rescued them at 9.30pm on Saturday before taking them to the hospital for a medical evaluation,...ACP Nik Ezanee said a police forensic team was sent to the hotel to search for further evidence....“We are confident that we can conclude our investigations soon, ” he said, adding that investigations revealed that the suspect was working alone...ACP Nik Ezanee said the case has been classified as rape under Section 376 of the Penal Code.
3) Kidnapping - held against their will? 

4) Extortion, Assault, ... 


HENCE, WHAT IS THE REASON FOR THE DELAY OF SENDING THE INVESTIGATION PAPERS TO THE PUBLIC PROSECUTOR?


Police inspector at MCO roadblock allegedly abducted and raped two Mongolian women


PETALING JAYA: A police officer singled out two foreign women at a movement control order (MCO) roadblock, then allegedly abducted and raped them at a hotel here.

The policeman, an inspector in his 30s who was on duty in Petaling Jaya, was arrested in the wake of police intelligence and surveillance.

It was learnt that the women were stopped at a roadblock on Friday (April 10) night and were kept against their will at a nearby hotel for more than 24 hours before they were rescued by police.
Petaling Jaya OCPD Asst Comm Nik Ezanee Mohd Faisal said they were alerted to the incident on Saturday (April 11) and began investigating the case at once.

“We conducted an operation led by my deputy, Supt Ku Mashariman Ku Mahmood, due to the sensitive nature of the case.

“We needed to conduct surveillance as our main priority was ensuring the two women were in no further danger, ” he told reporters when met at the MCO roadblock along Jalan PJU 7/1 at Mutiara Damansara on Sunday (April 12).

ACP Nik Ezanee said police conducted two raids in Petaling Jaya at around 9.30pm on Saturday, including one at a hotel where two women from Mongolia, aged 20 and 33, were rescued.

“The inspector was arrested at a separate location, ” he said, adding that investigators had to enlist the help of one of the victim’s friends to act as a translator as both women could not speak either Bahasa Malaysia or English.

“Based on our investigations both women were working in vice, but that does not make them any less the victims here.

“They were being held against their will at the hotel and we rescued them at 9.30pm on Saturday before taking them to the hospital for a medical evaluation, ” he said, adding that neither woman had valid documents.

He said police would apply for an interim protection order for both victims.

ACP Nik Ezanee said a police forensic team was sent to the hotel to search for further evidence.

“I am deeply saddened and disappointed over this case. The policeman was acting in his own capacity and we will ensure stern action is taken using all available laws.

“We are confident that we can conclude our investigations soon, ” he said, adding that investigations revealed that the suspect was working alone.

ACP Nik Ezanee said the case has been classified as rape under Section 376 of the Penal Code. - Star, 12/4/2020


Cop accused of raping Mongolians out on bail

Alfian Z.M. Tahir Alfian Z.M. Tahir Updated 5 days ago · Published on 20 Apr 2020 3:05PM ·
Two foreign women are reported to have been raped by a police officer after they were arrested at a roadblock on April 10. – The Malaysian Insight file pic, April 20, 2020.
A POLICE inspector suspected of raping two Mongolian women in a hotel in Petaling Jaya on April 10 has been released on police bail.

Selangor Criminal Investigations Department chief Fadzil Ahmat told The Malaysian Insight the investigation paper had been sent to the deputy public prosecutor’s office in Shah Alam for further action.

“There is no necessity to further detain him as the investigation is over and the IP had been sent to the DPP,” Fadzil said.

Petaling Jaya district police chief Nik Ezanee Mohd Faisal said the 30-year-old officer was arrested after police rescued the two women, aged 20 and 37, at the hotel.

According to preliminary investigations, the two women were arrested at a roadblock and taken to the hotel where they were allegedly raped.

The case is is classified under Section 376 for rape.

The suspect was remanded for seven days. – April 20, 2020, Malaysian Insight


Cop who allegedly raped Mongolian women suspended

PETALING JAYA: The policeman who allegedly raped two Mongolian women here has been suspended.
Petaling Jaya OCPD Asst Comm Nik Ezanee Mohd Faisal said they served the letter of suspension to the suspect on Wednesday (April 22).
"The two victims and three others have been placed under an interim protection order (IPO).
"We have taken the investigation paper to Bukit Aman and there are a few instructions that we need to execute before presenting it to the Deputy Public Prosecutor," he said Thursday (April 22).
ACP Nik Ezanee was responding to a statement made by Petaling Jaya MP Maria Chin Abdullah and Kampung Tunku assemblyman Lim Yi Wei for the victims and their thee friends be placed under the Whistleblower Protection Act.
“The continued usage of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act may derail the focus of the primary offence, which is rape, ” they were qouted as saying in the statement.
It was reported that police had placed three Mongolian women, two of whom were allegedly raped by a police inspector, at a shelter.
Bukit Aman CID director Comm Datuk Huzir Mohamed said the two alleged victims, along with their friend – who helped translate for police – were not placed in lock-up as they were placed under an IPO.
The two foreign women were allegedly raped by a police officer at a hotel after they were stopped at a roadblock to enforce the movement control order (MCO).
The suspect – an inspector in his 30s – was arrested based on police intelligence and surveillance.
He has subsequently been released on bail. - Star, 23/4/2020

*****

24 April 2020


Involve Independent Investigator for Accountability
Suara Rakyat Malaysia (SUARAM) is closely monitoring the development related to the five Mongolian national who are now under Interim Protection Order (IPO) following allegation that two of them were sexually assaulted by a police inspector.
Based on available information, the police officer involved has since been released on police bail and suspended from the police force as of 22 April 2020. However, no prosecution has been made as the investigation paper was reported to be with Bukit Aman and have yet to be presented to the Attorney-General Chambers for further actions.
Despite being victims, the five are now restricted under protection order while the alleged perpetrator walks free on bail. The current predicament paints a negative image of the developing situation and cast substantial doubt as to the integrity of the police force in handling criminal matters relating to its own officers. The Royal Malaysian Police must realize and understand that justice need not only be done but seen to be done.
SUARAM calls on the police to immediately involve independent commission such as the Human Rights Commission of Malaysia (SUHAKAM) and the Enforcement Agency Integrity Commission (EAIC) in its investigation process to ensure that its action is not only fair and just, but accountable to an independent body.
Failure to act at this critical juncture would tarnish the reputation of the Royal Malaysian Police and spark another international debacle involving the police.
In Solidarity
Sevan Doraisamy
Executive Director
SUARAM
at 21:54

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)