©New Straits Times (Used by permission)
By Supt Mohammad Daud, Bukit Aman, Kuala Lumpur
"The police, prosecutors, defence lawyers and judges all play a role in ensuring a fair judicial system. Each plays a different role, but all of them are essential to make the system a fair, meaningful and effective one. Their roles are of equal importance, none of which is subservient to another. Any unwarranted prevention of any of them in the performance of their duties will affect the integrity of the entire system, and is thus an obstruction of the course of justice." – "Rights and Duties in Pursuing Justice" (NST, May 8).
THE Royal Malaysian Police (RMP) applauds and totally agrees with the writer Yeo Yang Poh, president of the Malaysian Bar, with the above statement. The RMP is an important component of the Malaysian criminal justice system.
It is an enforcement agency empowered by law to carry out its functions and duties and is legally bound to exercise the powers bestowed upon the force within the parameters of the laws of the country. The RMP being the "main point of contact between the population at large and the criminal justice system" does not tolerate any form of abuse or misuse of power.
Any infringement of law is acted upon without fear or favour, irrespective of status, rank, creed, etc. Similarly, the RMP understands and respects the role and function of lawyers whose duty is to represent their clients and safeguard their personal and human rights, within the parameters of the law. In this respect the list of clients may range from an accused person to a victim of crime.
The fundamental right of an arrested person to a counsel and to be informed of the grounds of arrest is enshrined under Article 5(3) of the Federal Constitution, which states:
"Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice."
It is however settled law that the right has to be balanced against the broader interest of the public at large to be protected from suspected criminals and to allow police to conduct their investigations unimpeded. This was succinctly addressed by the late Lord President Tun Mohammed Suffian in the case of Ooi Ah Phua v Officer in Charge of Criminal Investigation, Kedah/Perlis (1975) Malayan Law Journal (page 198) in the following terms:
"With respect I agree that the right of an arrested person to consult his lawyer begins from the moment of arrest, but I am of the opinion that the right cannot be exercised immediately after arrest. A balance must be struck between the right of the arrested person to consult his lawyer on the one hand and on the other the duty of the police to protect public from wrongdoers by apprehending them and collecting whatever evidence against them. The interest of justice is as important as the interest of arrested persons and it is well–known that criminal elements are deterred most of all by the certainty of detection, arrest and punishment."
However, once investigations are complete the right must be enforced within reasonable time.
The RMP does not allow or encourage any form of mistreatment of lawyers, relatives or friends of the accused person who may come to the police station.
The police officers on duty must provide all necessary assistance to them on request unless it would jeopardise or impede the carrying out of police investigations into the respective case.
The tranquillity of the police station is of paramount importance as it is a place where the public should feel safe to make enquiries and/or to lodge police reports.
It is thus to secure safety and tranquillity at the police stations that Section 90 and 91 of the Police Act (Act 344) empowers any police officer to arrest any person who behaves in a riotous, indecent, disorderly or insulting manner.
A police officer carrying out police investigations is duty–bound by law to carry out an investigation professionally to establish the truth and bring justice to the aggrieved party (the victim of a crime).
Legal action is always taken against police officers who abuse, misuse, contravene or for non–compliance of Criminal Procedure Code or any other law. Regulation 2(23) of the Police Regulations, 1952 (L.N. 636/1952) provides that a police officer shall not make any unlawful or unnecessary arrest without reasonable cause.
Any aggrieved party who is unhappy or dissatisfied with any police officer should lodge a police report to allow police to initiate necessary action. No one is above the law. Any aggrieved party has the right to seek redress under the law.
The RMP has investigated personalities ranging from politicians to police officers and carried out successful prosecutions of such cases. Such dedication and professionalism exhibited by officers of the RMP should be recognised and given due consideration.
It is always easy to allege favouritism. The RMP never condones any wrongdoing committed by any police officer. The present leadership abhors and condemns police officers who are untrustworthy and dishonest. As a primary enforcement agency the RMP cannot compromise its role in ensuring a fair judicial system.
The police report lodged by a member of the Bar is being investigated by the police. The RMP desires full co–operation of all parties involved to carry out a fair and transparent investigation into this matter. The outcome of the investigation will be referred to the A–G’s Chambers for advice.
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