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Dzaiddin: It's not what we had in mind

Friday, 14 December 2007 08:45am

• Bill puts lawmen under scrutiny
• It's SSC to handle complaints against all federal enforcement officers

©New Straits Times (Used by permission)

• Parliament unveils Special Complaints Commission

KUALA LUMPUR: The proposed Special Complaints Commission was not what the 2005 royal commission into the police had asked for, Tun Mohamed Dzaiddin Abdullah said. (Click here to download the Special Complaints Commission Bill)

A "very disappointed" Dzaiddin, who was the chairman of the royal commission, said the proposed Special Complaints Commission (SCC) now being formed by an act of parliament, was "something entirely different from what we recommended".

"The government, in its wisdom, did not accept the core recommendation of an independent oversight body."

Dzaiddin, who retired as chief justice in March 2003, said the SCC's remit over all enforcement officers at federal level was "a complete departure" from what the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police had concluded in its report of January 2006.

He said one of the main functions of the recommendation for an independent police complaints and misconduct commission was oversight of the force.

"It was supposed to receive and investigate complaints of misconduct by the police and to prevent, detect and investigate corruption and other serious misconduct.

"It was also supposed to propose measures to the minister of Internal Security to improve police integrity, reduce misconduct and increase public confidence in the police."

Misconduct was defined as including police corruption, police involvement in criminal offences and non-compliance with legal and police regulations.

"There appears to be no mention of corruption in the SCC Act," he said.

On the commission of inquiry into the "Lingam" video clip, Dzaiddin asked that it be allowed to do its work.

"Let it carry out its function first. What is most important is what the findings and the recommendations will be.

"The previous three-man panel investigating the video clip said they had no powers because they couldn't call witnesses.

"Now the commission of inquiry can."

Dzaiddin also welcomed new Chief Justice Datuk Abdul Hamid Mohamad's pledge to "try to do his best to clean the house, no matter how short his term".

Parliament unveils Special Complaints Commission

by V. Vasudevan

KUALA LUMPUR: The much awaited Independent Police Complaints and Misconduct Commission (IPCMC) was unveiled yesterday in parliament as the Special Complaints Commission (SCC).
It will address complaints of misconduct not just against the police but all enforcement agencies.

Minister in the Prime Minister's Department Datuk Seri Mohd Nazri Abdul Aziz tabled the first reading of the bill in the Dewan Rakyat yesterday.

"Let us not forget there are other agencies in the country which the public has complaints about. It would be silly to focus on one agency only. The commission will provide an avenue for complaints against these agencies, too.

"That was the concept from the very beginning when it was still a draft bill. The concept has always been to cover the entire enforcement apparatus," he said in the parliament lobby.

Apart from the police, Nazri said the other agencies included the enforcement units of the Customs and Excise Department, the Road Transport Department and the Immigration Department.

"The public can lodge a complaint against any government agency with an enforcement unit whose members had mistreated them."

Under the bill, the SCC will give the police and connected agencies first choice to discipline errant personnel. Failing this, the SCC will take over through a task force.

The SCC can also decide from the outset not to refer any complaint on an enforcement agency to its disciplinary authority if it feels that the agency does not have the capacity to act impartially.

"The members of the task force can be drawn from the ACA, Bank Negara, Securities Commission, National Audit Department, police and other members of the civil service, including officers from the Judicial and Legal Services Department," Nazri said.

Under the bill, whistleblowers or informers will be protected and their identities kept secret.

The commission is empowered to reject any complaint which it thinks has no merit.

The commission will consist of seven members comprising a chairman appointed by the prime minister, the inspector-general of police, the director-general of the Public Complaints Bureau, the director-general of the Anti-Corruption Agency and three others.

Each commission member will have a two-year term of office and be eligible to hold office for a maximum of two terms.

The bill states that every enforcement agency will have to co-operate with and assist the commission in exercising its functions and powers under the act.

Members of the commission, its chief executive officer and members of the task force will all have the powers of a police officer of rank as provided for under the Criminal Procedure Code, and such powers will be in addition to that provided by the act.

This includes powers of search and seizure with warrant and without warrant of premises and the power to stop, search and seize conveyances.

An enforcement agency facing a complaint before the commission will have to submit monthly reports until the conclusion of the investigation, upon which the public prosecutor will have to decide in 30 days whether to charge the enforcement officer.