Monday, June 29, 2020

Respect for Human Rights includes ending racism and xenophobia in Covid-19 response

Media Statement – 30/6/2020
Updated

End discrimination against foreigners and migrants in Covid-19 responses


Respect for Human Rights includes ending racism and xenophobia



We, the 41 undersigned groups and organizations urge Malaysia to end discrimination and ethnophobia against migrant workers and foreigners including in responses to the Covid-19 pandemic. 


In the beginning of May, it was reported that all migrant/foreign workers will be required to be screened for Covid-19, before they be allowed to return to work in all sectors. 


Recently, there was a report that foreigners will not be allowed to use mosque/suraus.(Malay Mail, 11/6/2020)


These are practices against Human Rights, and also that the Federal Constitution. Article 8 of the Federal Constitution, which states, ‘(1) All persons are equal before the law and entitled to the equal protection of the law.’ is clear that this guarantee of equality applies to all persons, citizens or otherwise in Malaysia.


Employment Act 1955 is also against discrimination amongst workers based on nationality, whereby section 60L(1) also states  ‘(1) The Director General may inquire into any complaint from a local employee that he is being discriminated against in relation to a foreign employee, or from a foreign employee that he is being discriminated against in relation to a local employee, by his employer in respect of the terms and conditions of his employment…’. This provision clearly captures our principle against discrimination based on nationalities of workers, and as such the Malaysian government’s current requirement that ONLY migrant workers, and not local workers have to be screened and tested before being allowed to return to work is discriminatory.


There is no rational or reasonableness for such requirements that discriminate a certain class of workers, as Covid-19 does not discriminate. 


It is also goes against the often mentioned Malaysian policy for testing and screening in response to the Covid-19, which has been reiterated many times by the Director General of Health in his daily televised reports.  


On 10th June, Malaysia reportedly had a daily testing capacity of 34,951 samples (NST, 10/6/2020), and there are over 2 million just documented migrant workers in Malaysia, and for just all the 2 million plus to be tested, it will take about two months plus. The reality is that so many others, not just foreigners, that have to be screened everyday. 


The Malaysian approach, as far as screening and testing was concerned was before a rationale ‘targeted approach’. Persons who could have come in contact with the infected, and those showing positive symptoms and other high risk groups like returnees from infected countries were the focus. 


Health director-general Datuk Dr Noor Hisham Abdullah also did say that ‘…if you test everyone and then you isolate them, that’s fine…’, but the fact of the matter, is that migrants and everyone tested, is thereafter never isolated from the rest of the un-tested community and there is always a risk of contact with persons who may not be Covid-19 free, which in the case of workers, will also include the other untested local workers who work with them,‘…So that’s the next question, how often do you want to test them?...’(Malay Mail, 14/5/2020)


Malaysia’s xenophobic response to foreigners in Malaysia, also may negatively impact Malaysia’s moral standing to condemn similar discriminatory practices against Malaysians now in foreign countries – hence the ability to keep Malaysians overseas safe from Covid-19 is affected. 


Malaysia needs to act in accordance to values, principles and human rights, especially in its response to Covid-19 and its consequences.


Whilst today, the Federal Constitution guarantees equality, Article 8(2), that imposes only on government and public authorities specified anti-discrimination obligations seem to not impose the same obligations on the private sector and other employers. In short, others including private sector employers, may still discriminate workers and/or people simply ‘…on the ground only of religion, race, descent, place of birth or gender…’.


Calls for laws to impose these anti-discrimination obligations on all, including private sector employers have gone unheeded for far too long.


Therefore, we call on
 
- Malaysia to end all xenophobic and/or discriminatory policies and practices against migrant workers and foreigners in its responses to Covid-19 pandemic;

- Malaysia to amend laws and/or the Federal Constitution to extend the obligation to specifically not discriminate ‘…on the ground only of religion, race, descent, place of birth or gender…’ to all, including private sector employers;

- Malaysia to provide needed basic assistance to cope with the loss of income or employment to all persons affected by the Covid-19, including migrant workers, foreigners and the self-employed.
Charles Hector

Adrian Pereira



For and on behalf the 41 listed below



ALIRAN

WH4C (Workers Hub For Change)

North South Initiative (NSI)

Tenaganita

SUARAM

Center for Orang Asli Concerns (COAC)

People's Service Organization (PSO), Malaysia

Saya Anak Bangsa Malaysia (SABM)

MADPET (Malaysians Against Death Penalty and Torture)

NAMM (Network of Action for Migrants in Malaysia)

National Union of Flight Attendants Malaysia (NUFAM)

Parti Sosialis Malaysia(PSM)

Penang Stop Human Trafficking Campaign

Gagasan Insan Progresif

Timber Industry Employees Union of Sarawak

Sabah Timber Industry Employees Union(STIEU)

Labour Behind the Label

International Black Women for Wages for Housework

International Domestic Workers Federation (IDWF)

Building and Wood Workers International (BWI) Asia Pacific Region

Clean Clothes Campaign (CCC) South East Asian Coalition

Odhikar, Bangladesh

Migrant Care, Indonesia

Persatuan Pekerja Rumah Tangga Indonesia (PERTIMIG) di Malaysia

All Arakan Students' and Youths' Congress (AASYC), Burma/Myanmar

Rights Defenders and Promoters-HRDP in Myanmar

Radanar Ayar Association from Myanmar

Banglar Manabadhikar Suraksha Mancha(MASUM), India

Programme Against Custodial Torture & Impunity(PACTI), India

AMMPO-SENTRO- Association of Filipino Nationalist Workers in Malaysia

Workers Assistance Center, Inc, Philippines

China Labour Bulletin

Women of Color - Global Women’s Strike, United Kingdom

Payday Men’s Network UK

Collectif Ehique sur l’étiquette (France)

Campagna Abiti Puliti – Italy

Women Against Rape

Payday Men’s Network US

Clean Clothes Campaign International Office

Jaringan Solidariti Pekerja

Datuk Dr Ronald McCoy


See related post - that contains relevant news reports:-

DISCRIMINATION against foreigners in Mosque and Workplace - Covid-19? All PERSONS are equal before the law


Tuesday, June 09, 2020

Prosecution Must Appeal High Court Judge’s decision to Acquit Musa Aman of all charges


Media Statement – 9/6/2020

Prosecution Must Appeal High Court Judge’s decision
to Acquit Musa Aman of all charges

-The Perception of the Administration of Justice in Malaysia Is at Risk -

MADPET (Malaysians Against Death Penalty and Torture) is appalled to hear that the former Sabah chief minister Tan Sri Musa Aman has been acquitted, and not given a DNAA(Discharge Not Amounting To Acquittal) of all 46 criminal charges against him involving corruption and money laundering relating to timbers concessions, all of which involving a total of about RM4OO million.

High Court judge Justice Muhammad Jamil Hussin acquitted after Deputy Public Prosecutor Datuk Azhar Abdul Hamid told the court that the prosecution intended to withdraw all the charges during case management here on Tuesday (June 9)(Star, 9/6/2020)

An acquittal means that Musa Aman cannot again be charged for the same offence, even if new evidence surface later proving that he was guilty beyond reasonable doubt. That is the reason, why in a criminal trial, it is unwise to acquit and usually only a DNAA is given.

Once Acquitted – Cannot Ever Be Charged for the Same Offence even if strong evidence emerges

Article 7(2) of the Federal Constitution states that, ‘(2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.’

Section 302(1) of the Criminal Procedure Code states that, ‘A person who has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal remains in force, not be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 166 or for which he might have been convicted under section 167.’

Whilst the Public Prosecutor do have the power to discontinue proceedings in a criminal trial, this will justly follow with the granting of a Discharge Not Amounting To An Acquittal (DNAA), which means that the accused may or may not be charged again at a later date.

If later there emerges new evidence, sufficient in the mind of the prosecution for them to succeed in proving the charges beyond reasonable doubt, the prosecution do have the ability to charge again the person who had been Discharged Not Amounting To An Acquittal(DNAA). Not the case, if a person have previously been acquitted for the same offence.

Justice demands the maintenance of this right and ability for prosecution to charge again, if need be, in the future, for no one wants the prosecution to be denied this choice anymore. This will mean criminals can escape justice.

An acquittal, on the other hand, means that the alleged perpetrator can never again be charged for the SAME offence, even if very strong evidence emerges later proving that he/she is most likely guilty. This is absurd.

If discontinued mid-stream, before end of trial, only DNAA not acquital

Thus, justly, in most criminal cases, if discontinued midway, the courts ought only order a DNAA – never an acquittal.

An acquittal is usually granted after the prosecution has closed its case, or at the end of the trial after the Judge had the full opportunity to consider all evidence submitted during trial. In this Musa Aman case, the trial is yet to even begin with the calling of the first witness.

It must be pointed out that even if an application to strike out the charge in a criminal trial is successful, the court should never grant an acquittal. Such applications usually in based on technicalities, not really on evidence as to guilt or innocence.

In the Musa Aman’s case now, the trial is yet to even begin, and we are still at the stage of case management. The judge is yet to hear or receive any evidence from any witness, and as such the Acquittal for not just one, but all the 46 different charges, is simply wrong.

So, the judge’s decision to acquit at this stage, without even having the opportunity of considering all the available evidence, that would have been submitted through witnesses during trial, is flawed. How can any judge decide to acquit without first hearing all the evidence, from witnesses and/or otherwise.

Only Judge can Acquit – not the Public Prosecutor.

It must be pointed out that all that the Attorney General(or Public Prosecutor) can do is to discontinue proceedings, and not acquit anyone.

Article 145(3) of the Federal Constitution provides that ‘(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.’ 

The Attorney General (also the Public Prosecutor) clearly has no power to ACQUIT anyone – hence keeping anyone safe from the possibility of being charged again for the same offence in the future.

Section 254(1) of the Criminal Procedure Code states, ‘(1) At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.’

Section 254(3) clarifies that ‘(3) Such discharge shall not amount to an acquittal unless the Court so directs.’

Hence, it is only the Judge who can order an acquittal, and as such MADPET is of the opinion that High Court judge Justice Muhammad Jamil Hussin erred in his decision to acquit Musa Aman, and the prosecution, rightly and justly, should immediately appeal this decision to the Court of Appeal.

Judge erred, and Prosecution Must Appeal

The failure of the prosecution to appeal would negatively impact the public perception of the administration of criminal justice in Malaysia. More so, when this case involves a politician, who is now seen to aligned with the government of the day, who was charged when the Pakatan Harapan government ruled.

People may now question the independence of the Public Prosecutor and/or prosecution. One may wonder whether their actions are determined by the government of the day or some other wrong reasons, when they really ought to act independently in upholding the cause of justice, even if means having to charge and try a sitting Prime Minister or Minister.

Like judges, the Public Prosecutor and prosecutors, must not just be independent but must also be seen to be independent.

The crimes alleged are very serious crimes concerning corruption and money laundering involving a former Chief Minister, allegedly done whilst he was in power. Public interest demands justice be done.

A DNAA, after all, puts the accused at the same position as any ordinary person, in that he can at any time be charged for any offence, if he breaks the law. There seems to be no justification for an outright acquittal in this case.

If Musa Aman, believes that the prosecution had wrongly charged him, he can also always commence a civil suit and claim damages. Prosecution must, after all, never charge anyone without first acquiring sufficient evidence, which they believe is sufficient to convince the court beyond reasonable doubt that the person accused is guilty. To do otherwise, would be wrong and may even be an abuse of power.

Justly no one ought to be acquitted before the end of a fair trial, let alone before even the trial has commenced. A DNAA should be the only thing granted before the completion of a trial, if and when the prosecution elects to discontinue proceedings. The prosecution must appeal, and hopefully the Court of Appeal will remedy the error, and grant Musa Aman a Discharge Not Amounting to an Acquittal (DNAA).

The option for Musa Aman ‘…to be tried again for the same offence or on the same facts for any other offence for which a different charge from the one made against him..’ must always justly be there.

Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

 





Former Sabah CM Musa Aman acquitted of all 46 charges of corruption, money laundering (updated)

Nation
Tuesday, 09 Jun 2020 10:12 AM MYT

By NURBAITI HAMDAN

KUALA LUMPUR: Former Sabah chief minister Tan Sri Musa Aman has been acquitted of all 46 criminal charges against him involving corruption and money laundering relating to timbers concessions.

High Court judge Justice Muhammad Jamil Hussin granted the order after Deputy Public Prosecutor Datuk Azhar Abdul Hamid told the court that the prosecution intended to withdraw all the charges during case management here on Tuesday (June 9).

Musa’s lawyer Francis Ng then asked for the court to grant a full acquittal to avoid the charges hanging over Musa’s head.

Justice Jamil allowed the application and ordered for a discharge amounting to an acquittal on all charges.

In a statement Tuesday, Musa thanked the prosecution and the judiciary for its objectivity, professionalism, impartiality and conduct without prejudice in evaluating the facts of the case since two years ago.

“The application to strike out the prosecution was filed early this year and was done in a meticulous manner and supported with statements and documents that were clear and undeniable proofs, ” he said.

Musa said what has happened to him was due to “political differences” and took it as a test from God for him and his family.

Musa was first charged in November, 2018, with 35 counts of under Section 11(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 for accepting gratification by an agent where he allegedly received a total of US$63mil (around RM243mil) in Hong Kong and Singapore as an inducement for offering timber concessions in Sabah.

In March 2019, Musa was brought to court for the second time to face 16 charges of money laundering involving US$37.8mil and S$2.5mil, amounting to about RM160mil in total.

In October 2019, the prosecution dropped five out of the 35 charges of graft against Musa and made amendments to the existing 30 charges then relating to the dates, transactions and names of contractors.- Star, 9/6/2020

Friday, April 17, 2020

Release 5 Mongolian Women, Victims and/or Witnesses of Rape by Policeman, as laws allows it Immediately charge and speedily try perpetrators whose victims are foreign nationals(MADPET)


Media Statement – 17/4/2020

Release 5 Mongolian Women, Victims and/or Witnesses of Rape by Policeman, as laws allows it

Immediately charge and speedily try perpetrators whose victims are foreign nationals

MADPET (Malaysians Against Death Penalty and Torture) is appalled to hear that 5 Mongolian women, 2 being alleged victims of rape and/or kidnapping by a police officer, and 3 other potential witnesses, are all now being detained under Interim Protection Orders as the police believe they are victims of human trafficking. 

These 5 women must be immediately released with the right to stay and work in Malaysia until the rape trial is completed. Too many perpetrators of crime escape simply because the victims and/or witnesses being foreign nationals, are no more in Malaysia.

It was reported that ‘..a police inspector has been arrested for allegedly raping two Mongolian women aged 20 and 37 years old after he stopped them at a movement control order (MCO) roadblock here…’(12/4/2020). The ‘… women were stopped at the roadblock at 8pm on Friday and held in the hotel room for more than 24 hours before the police team rescued them…’ based on a tip-off. The police said that ‘…the case may also be possibly investigated for kidnap and extortion.

Thereafter, it was reported that 3 ‘…other Mongolian women have been detained after they lodged a police report in relation to the alleged rape of two fellow female nationals by a police inspector….’(Malaysiakini, 14/4/2020). They were allegedly ‘…the ones who raised the alarm over the alleged rape…’

It was alleged that ‘…on April 10, the police arrived at the scene and asked the three women to go to a police station to lodge a police report over the incident, which they did and returned home afterwards….’. Then, on April 11 when the police went to the three women’s house and arrested them.

Interim Protection Orders (21 days) and Protection Orders (3 months), then Deportation?

The 2 alleged victims and the 3 witnesses, allegedly undocumented foreigners, have now been arrested under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 on the basis that they may be human trafficking victims.

They are currently being detained under an Interim Protection Order, which can last for up to 21 days.
Thereafter, if the Magistrate is satisfied that he/she is a trafficked person and in need of care and protection, a Protection Order for a period not exceeding three months can be made. 

After that, for foreign victims of human trafficking, they are handed over to the Immigration Department who will then process and usually deport them, just like any other undocumented migrants.

Law Provides Option To Release And Allow Them To Stay And Work Legally In Malaysia

However, there is an OPTION under this anti—trafficking law that will allow them their freedom to live and to work legally until the end of the trial.

The Anti-Trafficking In Persons And Anti-Smuggling Of Migrants (Permission To Move Freely And To Work) (Foreign National) Regulations 2016 allows them to not only be released immediately to be able to move around freely but to make it possible for them to work in Malaysia for at least 3 years.

This would be a the best and just solution, as this will ensure that these victims and witnesses, will all be available here in Malaysia for the trial of the said police officer – hence giving the authorities no reason for not charging and/or trying the perpetrator in court. Often, the unavailability of witnesses is one of the reasons why some perpetrators are never even charged, or if already charged, the case is discontinued and the alleged perpetrator is freed.

Best For Victims And Witnesses To Be Present At Trials To Ensure Fair Trial

There is a provision for the recording of evidence of trafficked person, whereby such evidence recorded is admissible in court, and the ‘..weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding. ..’(Section 52 of the Anti-Trafficking Act). One wonders whether this will also apply to rape cases, and not just for anti-trafficking crimes.

However, such use of pre-recorded statements undermine the accused person’s right to a fair trial, as he/she would be denied the right to question the witnesses in court. The court will also be denied the opportunity of seeing and accessing the credibility of the witness.

To ensure justice be done, it is always important and best for the alleged victim/s and witnesses to be present personally in court to give evidence in court during trial.

No Reason To Delay Charging and Trial

In this case, there is really no reason to not speedily charge the suspect police officer, and conduct the trial speedily when all the Mongolian victim and witnesses are still in Malaysia.

The arresting of the alleged victims and taking them not to the police station, but some other place during the MCO period may be a crime.

Evidence of rape and the crime scene should have already all been collected, as reported in the media.
The witnesses are available, and what they saw and heard are still fresh in their mind. The trial could be expedited, and it could be over even in a couple of weeks.

On 16/1/2020, it was reported that the ‘…police have applied to extend a remand order against an inspector over rape allegations…’ MADPET fails to see the reason or justification for the procrastination. He should be charged and the trial out to be commenced and ended speedily, when the victims and relevant witnesses are still here in Malaysia. This would be just when it comes to situation when the victims and/or witnesses are foreign nationals, who may want to return home as soon as possible.

Poor Track Record Of Charging And Trying Police In Court

In the past, Malaysia sadly have a poor track record of prosecuting and charging police officers and other enforcement officers in court, even in cases after Royal Commission of Inquiries, Inquiries by Suhakam (Malaysian National Human Rights Commission) and Enforcement Agency Integrity Commission (EAIC) have found wrongdoings and/or even recommended prosecution. This happened, amongst others, in the Bright Sparklers case, enforced disappearance cases of Pastor Koh and Amri Che Mat, and in the death in police custody cases of Syed Mohd Azlan Syed Mohamed Nur and N. Dharmendran.

Reform Needed For Cases Where Victims Are Foreign Nationals

In Hong Kong, migrant worker victims who have a claim or a case, are provided housing and board until the end of their cases, to ensure justice be done. Malaysia should also have a similar law, to ensure the perpetrators of crime against and violators of rights of migrants, do not escape unpunished simply because these migrants have been deported and/or are no longer in Malaysia.

Victims, be they Malaysians or foreign nationals, deserve JUSTICE.

MADPET calls for the speedy prosecution, charging and trial of the suspected police officer in court;

MADPET calls for the immediate release of the 2 Mongolian women victims, and the 3 Mongolian women witnesses from detention, and that they be immediately released and also allowed to stay and work legally in Malaysia until the speedy completion the rape/kidnapping trial;

MADPET calls for no special treatment to be accorded to police officers and/or other enforcement officers who broke the law, and that they should all be charged and tried in open court, and not simply some internal discipline procedure;

MADPET also calls for speedy trials and/or adjudication when the victims and/or witnesses are foreign nationals, while facilitating and supporting their stay in Malaysia pending completion of trials, to ensure that perpetrators of crime and/or violators of rights do not escape justice by reason of unavailability of witnesses and/or victims in Malaysia;

Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)


See also the following post, which also looks at the relevant law mentioned in Media Statement above that allows all these Mongolian women to be freed immediately, and even to work legally Mongolian Rape Victim and Witnesses Detained? Deported soon? Will Police Officer be charged and tried in court?



3 Mongolian women detained after reporting cop for alleged rape of 2 others

 

Hidir Reduan Abdul Rashid
Published
Modified 7:39 am

Three Mongolian women have been detained after they lodged a police report in relation to the alleged rape of two fellow female nationals by a police inspector, said their counsel Mathew Thomas Philip.

Speaking to Malaysiakini today, the lawyer confirmed that the Mongolian Consulate hired his legal firm Thomas Philip (Advocates and Solicitors) and that they will be filing an application to release the three Mongolian women.

According to the lawyer, the three women were the ones who raised the alarm over the alleged rape of the other two Mongolian nationals by a police inspector.

It was reported that on April 11, the police arrested an inspector over the suspected rape of two Mongolian women. The police officer was detained at a movement control order (MCO) roadblock in Petaling Jaya.

Philip said the Petaling Jaya Magistrate’s Court today allowed an application by the police for a 21-day interim protection order against the trio as part of an investigation into human trafficking.

The lawyer said his legal team will be filing an application this week to set aside the interim protection order, which restricted the three women’s movements as they would be confined to a safehouse.

He said the Mongolian Consulate was shocked at the detention of the three women, adding that the interim protection order application by the police was made for them to investigate human trafficking, when in fact the trio had lodged a police report over the alleged rape of the two other Mongolian women.

“We have instructions to (file an application to) set aside the interim protection order. The (Mongolian) Consulate was shocked at what happened to the three women.

“Today, we initially thought we were going to the (Magistrate’s) Court because of an interim protection order related to the rape (investigation).

"But suddenly, we were told that the interim protection order was for (police investigation into) human trafficking.

“It was just a case of the three women going to help (the Mongolian victims) and suddenly they found themselves under the interim protection order.

“The Mongolian Consulate said the three women need not be under the interim protection order in relation to human trafficking,” he said, adding that the police claimed that the three women are considered victims in the human trafficking case.

He said that his lawyers during today’s proceedings had raised an objection to the interim order application as being baseless, because the root matter is the alleged rape of the other two Mongolian women by the police inspector, with no element of human trafficking.


Philip claimed that the two victims were allegedly kidnapped at a police roadblock on April 9, then on April 10 the three women texted in a group chat seeking help and subsequently contacted the police.

The lawyer explained that on April 10, the police arrived at the scene and asked the three women to go to a police station to lodge a police report over the incident, which they did and returned home afterwards.

It was on April 11 when the police went to the three women’s house and arrested them, he said. 

“The three women do not feel the interim protection order is necessary for protection. They just want to go home (to Mongolia) and for the Consulate to ensure their safety,” he said.

Philip added that the matter has been exacerbated by the three women’s complaint that their personal information has somehow been leaked to social media following their arrest.

“They are more fearful, they came to help the two Mongolian women and then they get put under an interim protection order and then the information on their smartphones were released.

“Some photos of them at the police station were circulated on social media. They are asking how that could have happened,” Philip said. - Malaysiakini, 14/4/2020

Police inspector arrested for alleged rape of two Mongolian women after they were stopped at MCO roadblock in PJ



Petaling Jaya police chief Nik Ezanee Mohd Faisal speaks to reporters during a press conference in Petaling Jaya April 12, 2020. — Picture by Miera Zulyana
Petaling Jaya police chief Nik Ezanee Mohd Faisal speaks to reporters during a press conference in Petaling Jaya April 12, 2020. — Picture by Miera Zulyana
PETALING JAYA, April 12 — A police inspector has been arrested for allegedly raping two Mongolian women aged 20 and 37 years old after he stopped them at a movement control order (MCO) roadblock here. 

In the Friday night incident, the two women claimed that they were stopped at a roadblock in the district while they were on their way home in a car they hired through the e-hailing app Grab.

Upon finding out that the two victims had no valid travel documents on them, the inspector reportedly took advantage of the situation and forcefully took them to a nearby hotel where he allegedly raped them. 

Petaling Jaya Police chief ACP Nik Ezanee Mohd Faisal said, acting on a tip-off, a police team led by PJ deputy police chief Supt Ku Mashariman Ku Mahmood raided the boutique hotel and rescued the two women. 

“The police inspector aged 30 was arrested and has been remanded today for five days to facilitate investigations. 

“The case is being investigated under Section 376(3) of the Penal Code for rape,” he said during a press conference this afternoon. 

Nik Ezanee said the police are also looking at other elements and may bring up more charges against the suspect as the case may also be possibly investigated for kidnap and extortion. 

“Right now, there are elements of rape. We are also looking at other charges as well.

“The victims have no valid travel documents. There are possibilities that the women are involved in the illicit sex trade but I want to make it clear that, in this case, they are the victims,” he said. 

Nik Ezanee said the suspect had kept the two women in the hotel room against their will. 

It was learnt that the women were stopped at the roadblock at 8pm on Friday and held in the hotel room for more than 24 hours before the police team rescued them. 

He said the two victims have been sent for a medical examination and will be placed under an interim protection order (IPO)

“The two women are unable to speak English or Malay so we had to use a translator who is a friend of the two victims,” he said. 

A police forensic unit was sent to the hotel room where forensic investigations were carried out. 

“I want to say that we view this case seriously. I am disappointed with the action of the policeman who acted in his own capacity and we will ensure that the stern action based on existing laws will be taken against him,” he said. - Malay Mail, 12/4/2020