The Federal Court’s grim but timely reminder to the IGP – Gurdial Singh Nijar

Source: Malaysiakini

BY GURDIAL SINGH NIJAR
(DEPUTY PRESIDENT, HAKAM)

It is indeed a matter of regret – but entirely appropriate – for the Federal Court to remind the inspector-general of police (IGP) of his obligation under the Police Act to carry out any direction issued by a court. Because of his failure to do so, the Federal Court issued a mandamus ordering him to comply. A mandamus is issued to compel a public officer to carry out his public duty.

Since December 2014 the IGP refused to arrest a person who had thumbed his nose at the Ipoh High Court’s order to deliver his daughter to the mother, M Indira Gandhi.

The duty of the IGP was clear. He had to execute the order against the recalcitrant husband because he had wilfully disobeyed the court order and was consequently found guilty of contempt by the Ipoh High Court.

The order was clear. The IGP was directed to arrest the husband even though there was another order relating to custody of the child by the Syariah court. Read more

Suing lying politicians doesn’t protect journalists, media group tells AG

Source: The Malay Mail Online

Malaysiakini reporter Kow Gah Chie is being investigated under Section 505(c) of the Penal Code for allegedly causing public mischief. ― Picture by Kamles Kumar

KUALA LUMPUR, April 29 ― The Attorney-General’s suggestion that journalists sue politicians who lie about being misquoted does not protect the media from police investigations when they are instead accused of inaccuracy, a press freedom group said.

The Centre for Independent Journalism (CIJ) highlighted the case of Malaysiakini reporter Kow Gah Chie, who is being investigated under Section 505(c) of the Penal Code for allegedly causing public mischief after Sarawak Barisan Nasional (BN) politician Dr Annuar Rapaee accused the journalist of taking his speech at a recent seminar in Sibu, Sarawak, out of context.

“While CIJ welcomes the AG’s acceptance of the reality of politicians lying about being misquoted, his solution seems topsy-turvy,” CIJ director Sonia Randhawa told Malay Mail Online recently.

“The onus should be on politicians to take action against false news reports, rather than on journalists to take action against politicians. This ignores how journalists rely on politicians as news sources.

“Further, in the recent case where a politician accused a journalist of lying, the journalist faced the threat of a police investigation. The proposed solution would not protect journalists from this threat,” she added.

AG Tan Sri Apandi Ali reportedly said at a recent talk that media outlets should take legal action against politicians who falsely claim to be misquoted or who renege on their own remarks, as this would hold public figures accountable. Read more

Stop using criminal laws against journalists — Institute of Journalists Malaysia

Source: The Malay Mail Online

APRIL 29 — The Institute of Journalists Malaysia (IoJ) is deeply concerned over the Royal Malaysian Police’s (PDRM) continued use of the Sedition Act 1948 to investigate journalists for writing news reports.

The police have called in The Heat Malaysia journalist Zakiah Koya for questioning under the Act today following an article she wrote about the Citizens’ Declaration early last month.

Zakiah is being investigated for her report, “Ousting Najib by all means”, which was based on a press conference held by several prominent political leaders on March 4 this year.

We strongly condemn the use of the Sedition Act against any journalist in the line of duty. Read more

Federal Court upholds sanctity of court orders ― Gurdial Singh Nijar

Source: The Malay Mail Online

BY GURDIAL SINGH NIJAR
(HAKAM Deputy President)

APRIL 29 ― The Federal Court today ordered the IGP to arrest Indira Gandhi’s ex-husband for contempt of court over his refusal to hand custody of their youngest child to her in the high-profile child conversion case.

In a single stroke, the apex Malaysian court has restored confidence in the judicial process and the rule of law.

“He is wilfully disobeying the court order and he still refuses to hand over Prasana Diksa to the appellant. He defended his action when he was found guilty of not obeying the custody order and he appealed to the Federal Court. Read more

Federal Court orders IGP to arrest Indira Gandhi’s ex-spouse for contempt

Source: The Malay Mail Online

M.Indira Gandhi (second left) is all smiles after the Federal Court ruling today which ordered IGP Tan Sri Khalid Abu Bakar to locate and arrest her Muslim convert ex-husband Mohd Riduan Abdullah for contempt of court. ― Picture by Yiswaree Palansamy

M.Indira Gandhi (second left) is all smiles after the Federal Court ruling today which ordered IGP Tan Sri Khalid Abu Bakar to locate and arrest her Muslim convert ex-husband Mohd Riduan Abdullah for contempt of court. ― Picture by Yiswaree Palansamy

PUTRAJAYA, April 29 — The Federal Court ordered the national police chief today to arrest M. Indira Gandhi’s ex-husband for contempt of court over his refusal to hand custody of their youngest child to her in the high-profile child conversion case.

The Federal Court also upheld the initial mandamus order issued by the Ipoh High Court to Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar, ordering the court to monitor the procedures to track and to arrest Muslim convert Muhammad Riduan Abdullah following today’s decision.

The four-men bench at the apex court today ruled that the committal order against Muhammad Riduan was justified as he has repeatedly failed to produce the couple’s child — Prasana Diksa, now aged seven — in court.

“Pathmanathan despite having exhausted all avenues with regards to the custody order granted by a civil high court, is now willfully disobeying the courts, after his application for leave appeal was rejected by this court, he still refused to hand over Prasana Diksa to the appellant,” Tan Sri Md Raus Sharif, who led the bench, said today in the unanimous decision, referring to Muhammad Riduan by his name at birth.

“When he was found guilty for contempt of court with regards to custody order, he appealed to the Court of Appeal, but when his appeal was struck out, he disappeared together with Prasana Diksa.

“The chronology in this case shows that Pathmanathan has no respect for the court’s order, that he willingly submitted himself to the civil court and due process was accorded to him, but when the case didn’t turn out to be in his favour, decided to disobey the court’s order,” he added. Read more

Polis kritik Siap, beri gambaran polis gagal ambil tindakan kes mati

Sumber: The Malay Mail Online

KUALA LUMPUR, 29 April — Kes kematian N Dharmendran tidak sepatutnya dibincang di luar mahkamah kerana boleh mendatangkan prejudis dan subjudis terhadap kes itu, kata Ketua Polis Negara Tan Sri Khalid Abu Bakar.

Ini kerana kes itu belum diputuskan di mahkamah malah, keempat-empat anggota polis yang dituduh terlibat dalam kes itu akan dipanggil untuk membela diri di Mahkamah Tinggi Kuala Lumpur, katanya dalam kenyataan di sini, malam tadi.   Read more

Time to ban child marriage in Malaysia – Heather Barr & Linda Lakhdhir

Source: Malaysiakini

BY HEATHER BARR & LINDA LAKHDHIR

ChildMarriage-AzlanZamhari-MkiniThis month, Malaysia’s lower house amended the country’s Child Act 2001 without banning all marriage by girls and boys under the age of 18, as called for by several members of parliament and rights groups.

Absent from the debate was any appreciation of the core problem with child marriage – the real and lasting damage that early marriage causes to girls.

Around the world, there is overwhelming evidence that child marriage has devastating consequences for girls.

Married girls are unlikely to stay in school, and more likely to live in poverty. Married girls are more likely than women who marry at a later age to be the victims of domestic violence.

Child marriages often result in early pregnancy, which carries serious health risks – including death – for both girls and their babies. Read more

Time for concrete action on custodial deaths, group says after EAIC reports

Source: The Malay Mail Online

KUALA LUMPUR, April 29 ― The police and the Attorney-General’s Chambers (AGC) must have the willpower to take action in cases of deaths in custody, Lawyers for Liberty (LFL) said after the Enforcement Agency Integrity Commission (EAIC) released its third report on a custodial death yesterday.

LFL executive director Eric Paulsen pointed out that there was no follow-up action from the police or the AGC, after the EAIC found last October that Syed Mohd Azlan Syed Mohamed Nur’s 2014 death in custody in Johor was caused by police violence and recommended murder charges.

Yesterday, the EAIC released another report on a death in custody case, concluding that N. Dharmendran was tortured, with his ears stapled, and beaten to death by the police in 2013 when the 31-year-old man was detained at the Kuala Lumpur police headquarters.

“Clearly, the burden is on the police and for the AG to make sure that swift action is taken against all these personnel,” Paulsen told Malay Mail Online.

“The police must be willing to take action against their own personnel. The AGC ― they must be willing to prosecute these police personnel.

“It’s not to pass the duties to other groups like Suhakam and EAIC. That would mean the government, prime minister, deputy prime minister, Home Ministry ― they must ensure that the police and AGC do perform their duties to ensure there are follow up actions taken for these failures,” the human rights lawyer added. Read more

EAIC: Amend laws to hold police responsible for custodial deaths

Source: The Malay Mail Online

Chairman of Enforcement Agency Integrity Commission Datuk Yaacob Md Sam speaks during a press conference in Putrajaya on N. Dharmendran custodial death, April 28, 2016. ― Picture by Yusof Mat Isa

PUTRAJAYA, April 28 — The Attorney-General’s Chambers (AGC) and the Home Ministry should amend existing laws to hold the police responsible for any injury sustained by a detainee or custodial deaths, the Enforcement Agency Integrity Commission (EAIC) suggested today.

EAIC chairman Datuk Yaacob Md Sam said that police officers should have the “burden of proof” placed on them until proven otherwise to prevent deaths in custody like in the case of N. Dharmendran.

“The commission recommends that the AGC and the Ministry of Home Affairs (KDN) to amend the Penal Code (Act 574) and Evidence Act 1950 to provide for a provision of presumption that placed the burden of proof on the enforcement agencies personnel who has a custody of a detainee to be liable for any injury or death occurred on detainee (sic) while in custody, until proven otherwise,” he said during a press conference at the EAIC headquarters today.

This was after he presented a report on the May 2013 death of Dharmendran who was found to have been tortured and beaten to death while in police custody. Read more

EAIC: Police officers beat Dharmendran to death during violent interrogation [Updated]

Source: The Malay Mail Online

PUTRAJAYA, April 28 ― The Enforcement Agency Integrity Commission (EAIC) today found that the police officers in charge of interrogating N. Dharmendran, who died in police custody in 2013, were responsible for his death.

EAIC chairman Datuk Yaacob MD Sam said that the Serious Crimes Division (D9) police officers beat up Dharmendran while he was in detention and later fabricated evidence to cover up the violent interrogation.

“The commission found the death of Dharmendran a/l Narayanasamy on May 21, 2013 resulted from the use of physical force by the police,” Yaacob said during a press conference at the EAIC headquarters today.

He explained that pathologist report from the Hospital Kuala Lumpur Forensic Department showed that Dharmendran sustained 52 bruises from blunt force trauma which caused “acute massive loss of blood” and eventually led to “hypovolemic shock.”

The deceased was also found with staple wounds on his ears.

“This is shocking to us, there were two staples found embedded on the deceased’s ears, one on the right ear and the other on left ear causing puncture wounds on both ears.

“The pathologist confirmed the deceased ears were stapled while he was alive estimated between two to three days prior to post mortem,” he said. Read more