Punitive versus facilitative police action – Statement dd 4/3/2020

Last week a number of people were shown being bundled off in police vans. All handcuffed. Later remanded in police lockups. And subsequently, charged in court. Facing potential punishment of fines and even imprisonment.

Photo from the Star Online

Even earlier, I am sure many were startled to see the police pdfleading an accused down a court stairway. Shirt ruffled, hands behind his back, shackled. He will be tried soon, the narrative said.

These are not some high criminals. They are ordinary members of the public who were found outside their abodes during this Covid-stricken stay-home lockdown. Ostensibly, for violating measures and laws.

Charges can be laid under section 269 of the Penal Code for the offence of committing a negligent act likely to spread infection of any disease dangerous to life. The offence carries a six-month jail term and/or fine upon conviction. As well as under rule 3(1) of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020, which carries a RM1,000 fine or six-month jail term. Read more

CID chief’s Australia bank account with RM1 million frozen

Source: Free Malaysia Today


Wan Ahmad Najmuddin Mohd (2nd from left), with senior Australian police officers, after his appointment as the CID chief last year. (PDRM pic).

PETALING JAYA: Australian authorities have frozen close to RM1 million in a bank account belonging to Criminal Investigation Department (CID) director Wan Ahmad Najmuddin Mohd, according to a special report by Sydney Morning Herald (SMH) today.

The report said Australian Federal Police suspected a “flurry of suspicious cash deposits” into Najmuddin’s Commonwealth Bank “Goal Saver” bank account, which had been laying dormant after it was opened in 2011. Read more

Suaram hits out at cops for ‘selective efficiency’

Source: Free Malaysia Today

PETALING JAYA: Suara Rakyat Malaysia (Suaram) has expressed concern over what it described as the “selective efficiency” of the police force.

Suaram adviser Kua Kia Soong said that the police seemed super-efficient when apprehending alleged “international terrorists” but their ignorance in the disappearance of ordinary Malaysians were mind-boggling.

“Yesterday, the statement by the Inspector-General of Police Mohamad Fuzi Harun that M Indira Gandhi’s former husband is still believed to be in the country, but the authorities have no idea where he is, is an astounding example of this selective efficiency of the Malaysian police,” he said in a statement.

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Two police officers remanded for alleged corruption

Source: The Malaysian Insight

TWO policemen have been remanded for four days, ending Tuesday, to help investigations into a case where they were alleged to have demanded and received a RM3,500 bribe.

Special Remand Court assistant Registrar Nur Haryatie Mohd Saini issued the remand orders for the inspector and assistant superintendent of police (ASP) allowing an application by Negri Sembilan Malaysian Anti-Corruption Commission (MACC) investigating officer Riduan Kadri.

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Custodial deaths: Enforcement needed, not just recommendations — P Ramasamy

Source: Free Malaysia Today


The Enforcement Agency Integrity Commission (EAIC) might not have the “teeth” to prosecute those who have abused detainees or who caused the deaths of those in custody. However, despite its lack of prosecution powers, the EAIC has done some excellent work in recommending actions to be taken against police officials who have abused their power and those who have engaged in serious misconduct.

Whether the government will act on the recommendations to check or discipline members of the police force guilty of abusing power remains to be seen. However, if the past is any indication of what is to come, the government might have little political interest in disciplining members of the police force.

Given this situation, the setting up of an Independent Police Conduct and Misconduct Commission (IPCMC) cannot be delayed any further. The EAIC needs to be complemented by an agency that has independent powers of prosecution.

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Breach of conduct, power abuse by police caused detainee’s death, says group

Source: The Malaysian Insight

BREACH of conduct and power abuse by police are what caused the death of detainee S. Balamurugan last year, said the Enforcement Agency Integrity Commission (EAIC).

It was reported that EAIC chief A. Aziz A. Rahim said police had failed to heed the magistrates’ court’s order to immediately hospitalise Balamurugan.

“The commission finds that police’s failure to release the deceased after their remand order was rejected by the magistrate is a serious misconduct,” Aziz told reporters in Putrajaya.

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Balu mahu siasatan bebas kematian suami dalam tahanan


Komen HAKAM: Setiap kematian dalam tahanan polis semestinya disiasat. Pihak Suruhanjaya Hak Asasi Manusia (Suhakam) dan Suruhanjaya Integriti Agensi Penguatkuasaan (EAIC) sedang menjalankan siasatan sedemikian.

Soalannya, adakah siasatan-siasatan begini mencukupi untuk meraih keadilan bagi pihak-pihak semati dan keluarga mereka? Sedangkan pegawai polis mungkin terbabit dalam kesalahan yang membawa kepada kematian-kematian ini, adakah wajar ataupun mencukupi kalau hanya pihak polis yang diberi kuasa rasmi untuk menyiasat dan menjatuhkan apa-apa kehukuman terhadap anggota mereka yang disabitkan bersalah mengabaikan ataupun melanggari SOP polis ke atas tahanan polis?

Memandangkan kejadian-kejadian kematian dalam tahanan polis masih seringkali berlaku, bukankah wajar pertimbangan yang lebih berat dan mendalam diberi kepada seruan berterusan untuk penubuhan Suruhanjaya Bebas Aduan dan Salahlaku Polis (“Independent Police Complaints and Misconduct Commission (IPCMC)“)?

Sumber: FMT News

PETALING JAYA: Balu Thanaseelan Muniandy, yang meninggal dunia dalam tahanan polis bulan lepas, mahu siasatan bebas ke atas kematian suaminya.

Piremilah Sinasamy membuat laporan polis di IPD Petaling Jaya hari ini, meminta Bukit Aman menyiasat kematian itu.

“Pegawai dari balai polis Bukit Sentosa tidak boleh melakukan siasatan ke atas kematiannya kerana mereka mungkin terbabit,” kata suri rumah itu.

Piremilah mendakwa keluarganya tidak diberitahu mengenai penahanan Thanaseelan sehinggalah selepas kematian. Thanaseelan ditemui mati di balai polis Bukit Sentosa, Hulu Selangor 25 Februari lalu. Read more

EAIC probes latest death in custody

Source: The Malay Mail Online

EAIC chairman Datuk Yaacob Md Sam today proposed that it should be notified of disciplinary action taken by enforcement agencies. — Picture by Mohd Yusof Mat Isa

EAIC chairman Datuk Yaacob Md Sam says the commission has opened investigations on the death of M. Thanaseelan at a police station in Hulu Selangor. — Picture by Mohd Yusof Mat Isa

KUALA LUMPUR, Feb 28 ― The Enforcement Agency Integrity Commission (EAIC) announced today that it has opened investigations on the death of M. Thanaseelan at a police station in Hulu Selangor.

The commission said the case on the 43-year-old man’s death would be investigated if there was misconduct or criminal behaviour by police officers while handling the detainee.

“The EAIC views this incident seriously, which happened following two deaths in police custody: Soh Kai Chiok at IPD Bera, Pahang, on January 18 2017 and S. Balamurugan at IPD Klang Utara on February 8 2017,” EAIC chairman Datuk Yaacob Md Sam said in a statement.

The EAIC said its investigators have recorded statements by 53 witnesses in Soh’s case and 47 witnesses in Balamurugan’s case.

“Together with this statement, I call upon and urge all PDRM officers and officials to pay attention, take guidance from and obey the PDRM Lock-Up Management SOP issued by PDRM Bukit Aman on April 21 2014 that comprehensively details the management of detainees at PDRM lock-ups,” said Yaacob, referring to the Royal Malaysia Police with its Bahasa Malaysia initials. Read more

Lawyers claim gastritis-prone detainee died because cops didn’t allow medical treatment

Source: The Malay Mail Online

Lawyer Eric Paulsen, who  represented the family of the deceased P. Karuna Nithi, says a deputy public prosecutor had written to Coroner Datuk Jagjit Singh to reopen the inquest. – The Malaysian Insider file pic, July 1, 2015.

Lawyer Eric Paulsen claims that M. Thanaseelan died because the police didn’t allow him medical treatment while in custody.  – The Malaysian Insider file pic, July 1, 2015.

KUALA LUMPUR, Feb 27 — Selangor police could have prevented the custodial death of M. Thanaseelan if they had followed lock-up rules and provided him with necessary medical treatment, lawyers for his family said today.

According to Eric Paulsen and Melissa Sasidaran, the 43-year-old man had died of a “perforated gastric ulcer” last Saturday while under custody of the Bukit Sentosa police in Hulu Selangor.

The lawyers cited from a post-mortem report which noted the deceased had a history of chronic gastritis and would have shown symptoms of the condition for at least a week prior to death.

“It is clear from the lockup rules the police must care for the wellbeing of all detainees including informing the medical authorities of any illnesses or injuries affecting detainees.

“Further, the lockup rules provide for situations where a detainee may not be fit to be further detained for example, if the person is seriously ill and ought to be admitted for medical treatment as in this particular case,” they said in a joint statement. Read more