Media Statement – 30/3/2025
Allegations that Zamri Vinoth has been released from remand is a Non-Issue, as police investigations can continue despite release, and he can still be charged in court if crime has been committed
Police should investigate without arrest or remand as a NORM – to avoid perception of pre-conviction punishment or other abuses of power. Release all police remand detainees for Hari Raya
There is nothing to be concerned about the allegation that preacher Zamri Vinoth appears to have been released from police custody mere hours after police secured a two-day remand order against him. Sadly, the police or government, seemed to failed to confirm or deny this fact.
A suspect being investigated need not be arrested and/or remanded for the purpose of investigation, as the police can investigate without any arrest or remand.
Why should an alleged suspect be kept in police custody for the purpose of investigations, possibly having to spend time most of the time being detained in a police lock-up, whose conditions are bad, and there have been too many cases of alleged torture and even death in police custody in Malaysia.
We recall that there have been many who were not remanded, or even arrested for the purpose of investigation, but were charged in court, tried and even convicted as happened in the case of ex-Prime Minister Najib. Is arrest-remand free investigation just for the elites and upper class?
Remand Detention for the purpose of investigation should be the rare exception not the norm. Remand detention can be perceived as pre-trial punishment, and it is wrong because a suspect, and even an accused is presumed innocent until convicted by court after a fair trial.
We must adhere the legal principle concerning arrest and remand Malaysia, which was also stated by Harun J in the PP V. Tan Kim San [1980] CLJU 66; [1980] 1 LNS 66; [1980] 2 MLJ 98; [1980].
It is public knowledge that crime is rampant and that the police have a difficult job to do. But there are adequate provisions in the Criminal Procedure Code giving the police powers to release persons on bail after arrest pending investigations: see ss. 28, 29, 387 and 388 of the Criminal Procedure Code. The procedure to be followed, therefore, should be to investigate first and arrest later. In cases where it is more expedient to effect an immediate arrest, the police should release the person arrested on police bail if investigations cannot be completed to enable a charge to be preferred before the Magistrate
Some may allege that these arrest and remand detentions may be an abuse of power, maybe also to simply to ‘enrich’ some bad police officers and others. It can be alleged, that detained suspects, enrich those with contracts to supply food to police lock-ups where payment may be based on the number of suspects in detention. As seen in movies, to make a phone call, to get some food from outside, or even a cigarette, all that a suspect in custody need to do is pay some police officer, sometimes ‘a lot of money’, and that will get you what you want, may also be happening in Malaysia. The police resistance to placement of CCTV cameras in all places in a police station may also be because it may jeopardize also wrongful ‘side income generating activities’ and other abuses.
The police or government cannot ‘punish’ any suspect using the remand detention – and sometimes, those remanded say that most of the time, they ‘suffered’ in lock-ups, and sometimes even were never even getting called up for any investigation by the investigation officers, and thus MADPET calls for an end to such abuse of powers by means of unnecessary arrests and remand detention.
In the case of Zamri Vinoth, and even the earlier case of Nabil Ahmad, Azad Jazmin John Louis Jeffri, Radin Amir Affendy and others who made fun of a Hindu practice, the evidence may be obtained without any o real need to arrest and remand them for the purposes of investigations. Arrest and remand should never be used for the purpose to show that police is taking action.
Once, investigation complete, law enforcement will submit the evidence acquired, and then the Public Prosecutor will charge them in court. Sometimes, it may take some time as prosecutors may require more evidence, and remember that no one ought to be charged until the prosecutor believes that they have sufficient evidence to prove to court that the accused is guilty beyond reasonable doubt, or a prima facie case at the very least.
Crimes ‘wounding’ religious feelings of persons of another religion
Sirajuddin [Jakim director-general Sirajuddin Suhaimee] stressed that insulting religion is an immoral, inappropriate, and intolerable act in any harmonious society. He also urged an immediate end to religious insults, calling on all parties to act prudently and responsibly when using social media and refraining from making statements, remarks, or writings that could offend religious or racial sensitivities. (Malaysiakini, 29/3/2025) MADPET verily believe that he is rightly referring to all religions in Malaysia.
As such, MADPET calls that all who committed crimes that injured the feelings of persons of other faith or religion to be charged in court and accorded a fair trial. For such crimes, administrative actions like compound offers by Minister or ministry/department may not be the best solution, more so when the Minister/Prime Minister is of the same religion as alleged perpetrators.
Charging them in court is just, and courts will take apology and other matters when it comes to sentencing. Equal treatment under the law, irrespective of the religion of the perpetrator or the victim/s.
Nobody wants to promote a perception that Malaysia will take no action against Muslims who commit crimes against other minority religions in Malaysia, as it this may be inconsistent with the Malaysian policy of respect for all religions and the rule of law.
If Zamri has yet to be released, then MADPET calls for Zamri and others in remand to be released, more so as Hari Raya is approaching, and investigation officers may be on leave and not available to conduct investigations that require personal attendance of suspects at this time.
Remember that remand is just for the purpose of investigations, and not any other reasons. Most suspects will turn up at the police station, when required by the Investigation Officer investigating him/her – so, there is really no reason to keep them in remand detention, save for very exceptional reasons like flight risk or risk that suspect released may tamper with evidence/witnesses – this requires not mere suspicion but a reasonable suspicion based on some evidence. More so, in these modern times, we do have electronic tracking, CCTV and better border control, so the risk of any suspect absconding is minimal.
Suspects are presumed to be innocent, and should not be deprived of the right to celebrate Hari Raya or some other religious or family events. After all, many suspects who suffered remand detention may never even be charged in court at the end. Worse, Malaysia do not even have a law that will compensate those unnecessarily arrested and remanded, which naturally will impact on their lives, the jobs, their income generating activities, their family life and maybe their image. We need such laws, as most victims tend to the poor. MADPET calls for an enactment of a law that will provide compensation for those ultimately found to be wrongly arrested and/or detained.
MADPET also calls for non-interference of the Prime Minister, Minister, government in the administration of criminal justice in Malaysia. Police and law enforcement duty is only to investigate to find the needed evidence to prove the commission of the crime. Prosecutors decide on the sufficiency of evidence to charge anyone in court, and thereafter prosecute to prove to the Court that said accused is guilty beyond reasonable doubt. Judges evaluate the evidence, and determine guilt, and impose a just sentence, if convicted.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
See also for the High Court Judgment
The legal principle as to when one should be CHARGED, Arrested and released on Police Bail - The Case of PP v Tan Kim San, judgement of late Supreme Court Judge Harun Mahmud Hashim
Summary
Port Dickson Bersatu division chief Chegubard says independent preacher Zamri Vinoth was released from police custody before Friday prayers today - a few hours after police secured a remand order against him.
The politician claims Zamri was released due to “extraordinary mass public pressure”.
Independent preacher Zamri Vinoth appears to have been released from police custody mere hours after police secured a two-day remand order against him.
According to Port Dickson Bersatu division chief Badrul Hisham Shaharin, also known as Chegubard, Zamri was released due to “extraordinary mass public pressure”.
In a Facebook post, Badrul said Zamri was allowed to leave before Friday prayers earlier today, noting that he was accompanied by nine pro-bono lawyers during the police’s application to the court for a remand order.
When contacted by Malaysiakini, Zamri declined to comment.
Malaysiakini has also contacted the police and is awaiting a response.
Zamri, 41, was arrested in Kangar, Perlis, yesterday and detained under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998.
Posts on temple controversy
Inspector-General of Police Razarudin Husain earlier confirmed that the remand order was granted by magistrate Ana Rozana Nor at the Kangar Magistrate’s Court at approximately 9.30am today.
Razarudin said police had received a report from an individual at 6.30pm the day before the arrest.
Investigations into Zamri relate to his Facebook posts regarding the relocation of the Dewi Sri Pathrakaliamman temple in Kuala Lumpur, with his remand aimed at assisting probes into allegations of insulting religion and disturbing public order.
The issue of the temple’s relocation had previously sparked public debate, with authorities emphasising strict action against any statements that threatened religious harmony and public order
The controversy began when news broke of plans to demolish the Dewi Sri Pathrakaliamman temple to make way for a mosque.
The temple’s committee has since confirmed it has reached an agreement with the Kuala Lumpur City Hall to relocate the structure along Jalan Munshi Abdullah, off Jalan Masjid India, to a nearby site about 50m away. - Malaysiakini, 28/3/2025
Zamri Vinoth remanded for two days for alleged religious insult via social media
PETALING JAYA: Controversial preacher Zamri Vinoth has been remanded for two days in connection with comments he allegedly made on social media that allegedly insulted religion and disturbed public order.
Inspector-General of Police Tan Sri Razarudin Husain told Harian Metro that the remand order was issued by Magistrate Ana Rozana Mohd Nor at the Kangar magistrates’ court in Perlis at approximately 9:30 am today.
The suspect, he said, will be held for two days, starting today and continuing until tomorrow.
Razarudin also confirmed that the 41-year-old was taken into custody for further investigation under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998.
ALSO READ: Police arrest freelance preacher over alleged seditious post
Yesterday, the 41-year-old preacher was detained in Taman Melati Indah, Beseri, Kangar, Perlis, and taken to the Padang Besar district police headquarters (IPD).
The preacher was arrested following a police report lodged yesterday at the Dang Wangi police station regarding his post on the relocation of the Dewi Sri Pathrakaliamman Temple at Jalan Masjid India here to a new site.
Razarudin had said during the interrogation, a total of 24 questions were asked, all of which were answered by the suspect. - Sun, 28/3/2025
The Islamic Development Department (Jakim) has expressed regret over the recent incident of insulting Prophet Muhammad on social media.
Jakim director-general Sirajuddin Suhaimee said that such a reckless act reflects a lack of respect for Islam’s position as the religion of the Federation, as enshrined in the Constitution.
“… Jakim has taken measures to report the matter to the MCMC to ensure appropriate action is taken following existing legal provisions,” he said in a statement yesterday.
Sirajuddin stressed that insulting religion is an immoral, inappropriate, and intolerable act in any harmonious society.
He also urged an immediate end to religious insults, calling on all parties to act prudently and responsibly when using social media and refraining from making statements, remarks, or writings that could offend religious or racial sensitivities.
“Such acts will only undermine the harmony and unity of Malaysians, which have been fostered for a long time,” he said.
Sirajuddin said Jakim will intensify efforts and awareness programmes to ensure that people from all segments of society exercise caution and wisdom when using social media and foster a deeper understanding of etiquette and religious sensitivity.
- Bernama, Malaysiakini, 29/3/2025
Summary
Inspector-General of Police Razarudin Husain says the Attorney-General’s Chambers is still holding the investigation papers against preacher Zamri Vinoth and three Era FM radio presenters.
Police opened separate probes against Zamri and the radio hosts for actions that insulted Hindus.
Inspector-General of Police Razarudin Husain said the investigation paper on independent preacher Zamri Vinoth, who allegedly insulted Hinduism via his recent Facebook post, is still with the Attorney-General’s Chambers (AGC).
"The papers are still with the AGC," he said in a brief text message to Malaysiakini today.
Malaysiakini reached out to Razarudin for an update on the case against Zamri and another police investigation against three Era FM radio presenters who mocked a Hindu religious ritual during Thaipusam.
On March 12, Razarudin reportedly said police had submitted their findings in the investigation against Zamri to the AGC.
He had also confirmed then that the police received close to 900 police reports against the controversial preacher.
Zamri, in a Facebook post which was removed by the platform but he later re-uploaded, had likened kavadi bearers during the Hindu Thaipusam festival to individuals who are “possessed and intoxicated”.
The post was removed from the social media platform on March 9 following a request by MCMC.
However, Zamri reportedly re-uploaded the post on his Facebook account soon after it was taken down, prompting DAP lawmaker RSN Rayer to urge authorities to arrest the preacher. - Malaysiakini, 26/3/2025
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