The Malaysian Bar - Press release: Better training, greater responsiveness and higher professionalism, not archaic laws, will lead to a safer society

Press release: Better training, greater responsiveness and higher professionalism, not archaic laws, will lead to a safer society

Tuesday, 24 July 2012 03:55pm

The Malaysian Bar is dismayed by the increasing attempts to blame the rise in the crime rate (in the state of Selangor and elsewhere) on the release of those detained under the now-revoked Emergency (Public Order and Prevention of Crime) Ordinance 1969 (“EPOPCO”, popularly referred to as the “EO”).

In recent times serious questions have arisen about the efficacy of the EPOPCO. There have been numerous complaints of its abuse, including the use – or threat of use – of the EPOPCO by the police as a means of extorting money from innocent victims. Wrong people were incarcerated or made subject to restricted residence under the EPOPCO, while those who were actually involved in crime remained free and mobile. The fact that those detained under the EPOPCO were not required to be formally produced before the courts of this land helped facilitate this abuse. While the press sometimes referred to those detained under the EPOPCO as “criminals”, it must be remembered that none of them was ever convicted in a court of law. Even when those involved in crime were in fact detained, invariably these were “small fry”; the “big fish” continued to elude and evade being apprehended.

Thus the effort to attribute the worsening (perceived or real) current environment to the release of the EPOPCO detainees is without sure foundation. Those who perpetuate and repeat such views, without the support of any actual evidence, are acting irresponsibly.

The simple truth remains: crime prevention requires solid policing. The existence of the EPOPCO for over 42 years has meant that inadequate and incomplete investigative practices and policing procedures have become prevalent.

A poor workman blames his tools. The police should not seek the excuse that because an unjust and unfair law that allowed for detention without trial and restricted residence is no longer at their disposal, criminal activities are perceived to be on the increase. And that consequently, the only way to address this negative development is to bring back repressive laws and slow the pace of law reform.

The Malaysian Bar totally disagrees with this view. The Malaysian Bar urges the Honourable Prime Minister to stay the course in respect of the path of law reform that he has undertaken, and to continue to remove outdated and unjust laws, and repeal unfair and prejudicial provisions of the criminal statutes.

The rule of law, together with proper policing and transparent law enforcement agencies, are the best way to tackle the issue of crime. Rather than nostalgically harking back to a bygone era and archaic legislation, law enforcement officials should focus on better training, greater responsiveness, and higher professionalism to make our streets and neighbourhoods safer. The Government must provide the necessary resources in order for the police force to have all necessary and legitimate resources at its disposal to battle crime.

Lim Chee Wee

President

Malaysian Bar

24 July 2012

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