Lawyers for Liberty (LFL) refers to recent news reports on 29 May in which the Bukit Aman Criminal Investigations Department chief confirmed that police are investigating the allegation that a disabled man was assaulted by the bodyguard of the Johor Regent Tunku Ismail Sultan Ibrahim.
Oddly enough, the Kuala Lumpur police chief in a matter of hours then issued another statement stating that the disabled man has lodged a second police report where the man stated the matter was settled amicably and he did not want to prolong the matter.
These two announcements by the police contradict each other. Is the investigation ongoing or not? The KL police chief’s announcement suggests it is not.
Why was it necessary for the police to issue a statement on the second police report where the disabled man purportedly stated that the matter has been settled amicably? Was this issued to justify a cessation of investigation on the matter?
LFL reminds the authorities that there is no such thing as a “settlement” of a criminal case between the perpetrator and victim of any incident involving a criminal act. Once the police receive information regarding the commission of an offence, they are duty-bound to investigate the matter.
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Section 3(3) of the Police Act 1967 tasks the police with the preservation of the peace and security of Malaysia, the prevention and detection of crime and the apprehension and prosecution of offenders.
This duty cannot be disregarded simply because a police report was filed settling or retracting the initial report of the crime. If this was allowed, then those in power could exert [pressure] to coerce [the person making] any report filed against them to be retracted. It would lead to the breakdown of our criminal justice system, making the criminal laws a mere farce.
The police conduct here also is highly questionable, as other cases in relation to criticisms against government or so-called “three Rs” issues were swiftly investigated and those involved immediately arrested. One cannot help but make a comparison and question why the police in this case did not show similar zeal here.
It must be emphasised that, in accordance with Article 8 of the Federal Constitution, there must be equality before the law. No one can escape justice simply due to their status or connections. To do that would make a mockery of justice. How can we expect people to comply with the law if everyone is not treated equally before it?
LFL demands that the police continue its investigation on this matter. It must be thorough, impartial and independent investigation. This is a matter involving the public interest. The government must also ensure that there is no interference with the investigation. The integrity of our laws and its enforcers are at stake and any misstep will surely lead to a complete mistrust in the administration of justice in our country.
Zaid Malek is director of Lawyers for Liberty.
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