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While the Bar Council reiterates its call that the person responsible for the assault on Dato Seri Anwar Ibrahim, Tan Sri Rahim Noor, the former Inspector-General of Police should be prosecuted on the appropriate charge expeditiously, the Bar Council is shocked at the recommendations of the Royal Commission of Inquiry NOT to take action against any other police officers after finding that a serious crime had been committed against a detainee. The officers concerned, having knowledge of the same, failed firstly, to arrest the perpetrator of the crime, secondly, to notify or inform a superior authority or lodge a police report and thirdly, to ensure that the detainee received immediate medical attention. In fact, there was evidence that the detainee was blindfolded and handcuffed by other police officers in the cell, when he was criminally assaulted. 

 Section 23(1) of the Criminal Procedure Code states that,  

 "Any police officer ... may without an order from a Magistrate and without a warrant, arrest  

 (a) any person who has been concerned in any offence committed anywhere in Malaysia which is a seizable offence under any law in force...;  

 (j) any person in the act of committing in his presence a breach of the peace;"  

The Royal Commission of Inquiry has recommended that Tan Sri Rahim Noor be charged under section 325 of the Penal Code, a seizable offence. 

The law requires a police officer to prevent crime, and empowers him to arrest the perpetrator and bring him to justice. If the police officer acquiesces in the crime and conceals it by not reporting it or informing the proper authority, he too has committed a crime, not only of conspiracy, but also under section 202 of the Penal Code, which states, 

 "Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to six months, or with a fine, or with both."  

as well as section 176 of the Penal Code. In fact, the law as stated in the Lockup Rules 1953, requires that the detainee should not be handcuffed leave alone blindfolded, and section 10 provides that a detainee should be given immediate medical attention, where required. 

 The question of being in a difficult position does not excuse the fact that other police officers concealed the commission of a criminal offence and in so doing failed in their most basic and fundamental duty as police officers and public servants - to uphold law and order. They failed to protect the victim of a crime and instead, by their acts or omissions, protected the perpetrator. 

 The police, especially the senior police officers, should know that no one is above the law. In fact, Article 8(1) of the Federal Constitution states that 

 "All persons are equal before the law and entitled to equal protection"  

If no action is taken against these police officers, this would nurture the fear of every citizen that if he should for any reason be detained by the police and become a victim of a crime -even a possibly fatal crime - perpetrated by a superior police any other police officer who knows of the matter may shirk from his duty to protect the citizen by refusing to face the "dilemma" or "difficult circumstances". If this would further mean that the law need not be followed where the crime is committed by a superior police officer, it is a sad day indeed for the rule of law and for every citizen in Malaysia. 

Dated: 17th April 1999. 

R. R. Chelvarajah  
Chairman,  
Bar Council  

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