Media Statement – 20/1/2025
With Body-Cams, Police Shooting That Resulted In 3 Deaths Can Now Be More Easily Investigated To Determine Criminal Liability Of Police In The Killings
Do not prematurely come to conclusions based police perpetrator’s innocence until comprehensive investigations and Coroner’s determination
Now, with the Malaysian police now wearing Body Worn Cameras (BWC), it is possible to finally analyze and verify whether the oral narrative of the police officers involved in attempted arrest of suspects, that ended up with the killings of alleged suspects are true or otherwise.
The body-cams have been supplied to officers in the Klang Valley since June 2024.(Malay Mail, 10/9/2024)
Comm Wan Hassan [ The Bukit Aman Crime Prevention and Community Safety Department director ]said the use of the BWC will also improve the police force's image, as BWC records could be used as evidence in any criminal case, including cases of personnel and officers who were slandered while enforcing the law.(Star, 31/1/2024). This BWC evidence and police vehicle dash-cams will certainly be useful in determining the criminal liability of police officers in incidents where persons are shot dead, and not arrested, in a police operation.
It was reported on 18/1/2025 that in yet another police encounter near Rawang on, all 3 suspects have been shot dead.
When a person is killed when he/she is to be arrested, or whilst in custody, he/she is victim of gross injustice, as this presumed innocent person have been deprived the right to a Fair Trial, which may have even found him/her innocent.
More so, when they are shot dead in the process of arrest, the question arises whether any of those were killed was totally innocent, then sharing the car with some criminal suspects. Who exactly did the police want to arrest?
Federal Criminal Investigation Department director Datuk Seri Mohd Shuhaily Mohd Zain said the incident happened around noon. "The suspects are believed to have rented cars and changed their number plates to search for four-wheel drive vehicles to steal... He added: "Police officers tried to stop them and introduce themselves, but the suspects opened fire. "A chase followed for about 750m from a housing area in Kota Emerald. The suspects and police then exchanged fire. "He said the three suspects were shot dead in the incident. (NST, 18/1/2025). From the report, it seems that the police did not even manage to identify themselves as police officers.
Will the Coroner come to same the conclusion that police officers were not criminally liable for the killing of the 3?
Coroner finds police liable for killing
When all suspects are shot dead, there is no way for any of the alleged suspects (if they were alive, shot or otherwise) to contradict the police version of what exactly transpired, and that is why the BWCs and/or vehicle cams very important evidence to determine the truth.
We recall that on 31/5/2023 that the coroner’s court, presided by Coroner Rasyihah Ghazali, that inquired into the ‘police shooting that resulted in death of 3, ‘…. concluded that there was abuse of power and elements of a criminal nature in the death of three men who were shot at close range by police three years ago. “The shots were not fired in self-defense. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,”(FMT, 31/5/2022). This means that in some case, the police may be held criminally liable, and ought to be prosecuted for their crimes that killed person/s.
Police CANNOT Kill, only arrest – that is the LAW
Now, it is the Malaysian law, that police cannot kill suspects. Section 15 of the Criminal Procedure Code which deals with arrest, and the use of reasonable force makes this most clear in Section 15(3) which states most clearly ‘(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for a term of not less than thirty years but not exceeding forty years or with imprisonment for life.’
These 3 persons are not even accused persons, being persons already charged in court who are free on bail. From the media reports, they are just alleged suspects of a crime.
That being the case, all the police officers involved should be forthwith investigated, and charged in court – and the court will determine whether there any available defence like self-defence applies or not. These police officers may be guilty of murder, or even culpable homicide not amounting to murder.
End post death defamation of police shooting victims
In the statement on the recent killings, the police allege that ‘Two of the three suspects had police records for a total of 68 offences, mostly related to vehicle theft and robbery, reported Harian Metro.’(FMT, 18/1/2025).
If that be the case, then did the police ever before these killings call these suspects in for questioning at the police station in relation of these crimes. Did the police send them a letter or letters requiring their attendance at the police station for investigation? Any summons for attendance? Any previous arrests? Any previous convictions in court? Now. If there are NONE, then the police must really explain, and clear all doubts.
Nobody wants to believe that this police team went out after these suspects with the intention to KILL not arrest. Nobody wants to believe that these police officers chose to kill the other suspects after the police ‘accidentally’ or intentionally shot the first one dead to cover up the truth. Were they killed to close investigations into crimes? Were they killed to protect ‘kingpins’ or others involved? Were they killed by reason Malaysian police lack training to shoot and arrest?
The media report, sadly, does not reveal whether the said police officers were in a unmarked police vehicle or a clearly marked police car? Neither is there information as to whether the police officers were in uniform or not, or even the number of police officers involved?
The statement of the Federal Criminal Investigation Department director, hours after the ‘shoot-to-kill’ incident is questionable. Did he speak too soon, before even doing the required investigation – thus ‘blindly’ relying on the oral statements (possibly unverified or corroborated) provided by the officers involved? Did the police investigate the crime scene, the bullet casings, the angle from which the shots were fired or even try to find other non-police witnesses?
Such premature statements are unbecoming of any senior police officer, who concludes as ‘truth’ even before a thorough investigation is done, and possibly simply to ‘protect’ his police officers.
In police shooting cases, it is best that it is not their immediate superiors and/or police officers in the same station/district or even state who should be investigating – it should best be some other independent police officers or bodies.
One safeguard that already exist in our Malaysian law is the coroner, usually a Magistrate or a Sessions Court judge, who is independent of the police. They, according to law, would investigate the deaths and also specifically determine whether the said police officers that killed are criminally liable or not. It is crucial to note that in at least one such reported inquiry, the Coroner found the police officers were criminally liable.
Sadly, the Coroner’s Reports of all these police shooting cases where people end up being killed is not actively made known to the public, maybe through the media, or even placed on a website, where the public can have easy access. Did the Coroner also, after inquiry or inquests, find the police officers involved not criminally liable for causing the deaths of these alleged suspects? This is an important fact we need to know.
Abolish IPCC, and Restore IPCMC Bill
It is most disappointing that the Prime Minister or government, or even the Home Minister who is responsible for the police seem to not take these police shot dead incidents seriously.
One body that could have been tasked with independent investigations of these police-shot-dead cases could have been the proposed truly Independent Police Complaints and Misconduct Commission (IPCMC).
Sadly, when Prime Minister Anwar Ibrahim’s Pakatan Harapan led-government came into power, they choose rather than re-introducing the IPCMC Bill tabled earlier by the Pakatan Harapan government in July 2019, which the Parliamentary Select Committee had amended the bill which restored most of the contents proposed by the Royal Commission of Inquiry (RCI) in 2005, to just simply put into force on 1/7/2023 the Independent Police Conduct Commission Act 2022(IPCC Act) that was tabled by the PN-BN governments as a replacement to IPCMC Bill, when it came into power post the Sheraton Move.
The IPCC sadly is nothing but a ‘sorting’ Commission, and complaints about ‘police shot dead’ cases will simply be sent back to the police to investigate – and that totally defeats the possibility of independent investigation and conclusion to deal with the problem.
The IPCC Act, removed the police from the jurisdiction of the Enforcement Agency Integrity Commission (EAIC), which was enacted vide the EAIC Act by the BN regime under then Prime Minister Najib Razak, in response to the call for the IPCMC.
The IPCC Act has less power than the Enforcement Agency Integrity Commission (EAIC), who did also publish several reports of their findings in death in police custody cases, with recommendations that the said officers be prosecuted for their crimes. The IPCC simply does not even have this power.
MADPET(Malaysians Against Death Penalty and Torture) calls on the Malaysian government to repeal the IPCC Act, and re-table the IPCMC Bill, which will finally ensure an Independent Commission empowered with the power to investigate, and better still prosecute, police officers that are found to be criminally liable for ‘police shot dead’ cases and other police crimes.
Over 50 persons are shot dead by police, not arrested annually?
The Home Ministry, in a parliamentary reply in 2012, said that a total of 298 people of various nationalities were shot dead between 2007 and August 2012. (The Sun Daily, 23/10/2012). A total of 279 suspects have been shot dead by the police between 2000 and 2009 was revealed by the Minister in Parliament in 2010(Malaysiakini, 28/6/2010). Minister Hishammuddin also revealed that the police shot dead 82 suspects in 2008, and 88 in 2009. How many extrajudicial killings since then?
MADPET calls for BWCs and police vehicle cams for all police officers, especially those police teams that are tasked with arresting suspects be made a priority, like the one that recently ended up shooting dead 3 suspects in Rawang. The use of body cams and vehicle cams is a NORM in most jurisdictions for a long time, and Malaysia should expedite this for police and all other law enforcement personnel.
MADPET calls for an end of ‘defamation of the dead’, and urge that the focus of the investigation be on criminal liability of the police officers that ended up shooting dead persons who they were supposed to investigate.
MADPET calls for the full and transparent disclosure of all Coroner’s findings of all ‘police shot dead’ cases.
MADPET calls for the respect of principle that one is presumed innocent, until convicted in Court after a fair trial. Only Note that the sentence for these alleged car thieves is not Death, but imprisonment.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
3 suspected car thieves killed in Rawang police shootout
Police say two of the men had a history of 68 offences, mostly related to vehicle theft and robbery.
Two of the three suspects had police records for a total of 68 offences, mostly related to vehicle theft and robbery, reported Harian Metro.
Bukit Aman criminal investigation department director Shuhaily Zain said the trio were believed to have rented cars and changed their number plates to search for four-wheel drive vehicles to steal.
“Based on intelligence, the suspects rented a car today and changed its number plate, so we believe they were about to commit another theft,” he said.
“The police officers identified themselves and tried to stop them, but they opened fire.
“A chase followed for about 750m from a housing area in Kota Emerald during which the suspects and the policemen exchanged fire.”
He said police seized a semi-automatic pistol, a gadget used to deactivate vehicle alarms, two masks, five licence plates believed to be fake, three rolls of cellophane tape and two parangs.
Shuhaily said two of the three suspects were aged 40 and 43, and the age of the third suspect has not been determined yet.
He also said police had been
tracking down the group as part of Op Lejang, an operation launched last
year to combat car theft. - FMT, 18/1/2025
Cops abused power in shooting of 3 men, including Sri Lankan, coroner finds
The coroner’s court finds that police did not fire the shots at the three men in self-defence as claimed and that there were elements of a criminal nature in the shooting of the trio in Rawang.
Coroner Rasyihah Ghazali said, on the balance of probabilities, S Mahendran, G Thavaselvan and his brother-in-law J Vijayaratnam, a Sri Lankan national, died of gunshot wounds on their heads and chests.
“The shots were not fired in self-defence. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,” she said this evening at the end of an inquest.
Police had claimed there was an exchange of fire between policemen and the trio at the edge of a jungle in Rawang and that two of the men had been armed with pistols.
Rasyihah, however, said she was unable to conclude as to what had happened to G Moganambal, the wife of Vijayaratnam, who was reported missing after the incident and has yet to be found.
On Sept 14, the three men, whom police said were suspected to have been involved in armed robbery, were killed in a shootout with the police at Km22 of Jalan Rawang heading towards Batu Arang, following a 7km high-speed car chase.
The coroner said today the men died between 5.20am and 5.30am on Sept 14 based on evidence collected in the inquest.
She said scientific evidence with regards to the position of the bodies and the weapons allegedly found on the two men did not tally with the oral testimonies of the policemen.
“The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” she said.
She said police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle.
Rasyihah said, in totality, there were many disputable questions of fact regarding witness statements.
The four had left Kepong at about 10pm on Sept 13 after dinner to visit friends and relatives. Moganambal’s sister, Vasanthi, had testified that Moganambal sent a location map via her mobile phone at about 1am (Sept 14) that indicated they were at a food outlet in Serdang.
Vasanthi stated in her evidence that shop owner Senizam Md Yusof admitted meeting the four that morning. However, Senizam denied in court that he had met them at his premises.
Lawyer M Visvanathan, who held a watching brief for the family of Thavaselvan and Vijayaratnam, said he had instructions to file a civil suit following today’s verdict.
“We have four months to do so as the three-year limitation period to file a legal action against the government will set in by September,” said Visvanathan who was assisted by V Sanjay Nathan.
Deputy Public Prosecutor Sean Dudley assisted the coroner. A total of 20 people gave evidence. - FMT, 31/5/2022
Body cameras for Klang Valley police: PDRM test 1,376 units at nine locations in pilot project
KUALA LUMPUR, Sept 10 — The Royal Malaysia Police (PDRM) are currently testing out 1,376 body-worn cameras (BWC) to assess their effectiveness in field operations.
According to Utusan Malaysia, the devices were rolled out at contingent police headquarters, district police headquarters (IPD), and police stations across the central areas of the Klang Valley, in two phases, starting in June and August.
Inspector-General of Police Tan Sri Razarudin Husain told the national daily that in Kuala Lumpur, the installations covered five IPDs and stations: IPD Dang Wangi, Dang Wangi Police Station, Chow Kit Police Station, Tun HS Lee Police Station, and Jalan Bandar Traffic Police Station.
He added that four locations in Selangor — IPD Klang Utara, Kampar Police Station, Bandar Baru Klang Police Station, and Klang Utara Traffic Police Station — are also part of the pilot project.
“These nine locations, comprising IPDs and police stations, are part of a pilot project aimed at testing the effectiveness and functionality of the body cameras, with plans to eventually roll them out nationwide.
“The implementation began on June 19, involving five IPDs and stations in Selangor, with the remaining four in the capital,” he told Utusan Malaysia yesterday.
Razarudin further explained that the installation of BWCs at the Bukit Aman Police Headquarters, as well as the Kuala Lumpur and Selangor contingents, started on August 12 and was completed by August 20.
“A total of 1,376 body cameras have now been installed for officers in the Klang Valley,” he said.
Looking ahead, Razarudin said that the next phase of installation will focus on the southern zone, which includes the Johor, Melaka, and Negeri Sembilan contingents, before expanding to the northern and eastern zones.
“We expect the nationwide installation of body cameras to be fully completed by March next year,” he added.
Earlier reports from Utusan Malaysia indicated that PDRM is set to receive 7,648 body-worn cameras in stages, beginning in September this year and continuing through February 2025.
Razarudin said that BWCs are instrumental in identifying officers involved in misconduct or integrity breaches while on duty.
He added that the deployment of these cameras would be done gradually, prioritising key units such as the Patrol Car Unit (MPV) and Motorcycle Patrol Unit (URB) before expanding to the Traffic Investigation and Enforcement Department (JSPT).
“These units play a critical role in crime prevention patrols conducted by MPV and URB personnel.
“This initiative will also strengthen public trust and cooperation with the police, as every interaction will be recorded,” he was quoted as saying. - Malay Mail, 10/9/2024
Cops abused power in shooting of 3 men, including Sri Lankan, coroner finds
The coroner’s court finds that police did not fire the shots at the three men in self-defence as claimed and that there were elements of a criminal nature in the shooting of the trio in Rawang.
Coroner Rasyihah Ghazali said, on the balance of probabilities, S Mahendran, G Thavaselvan and his brother-in-law J Vijayaratnam, a Sri Lankan national, died of gunshot wounds on their heads and chests.
“The shots were not fired in self-defence. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,” she said this evening at the end of an inquest.
Police had claimed there was an exchange of fire between policemen and the trio at the edge of a jungle in Rawang and that two of the men had been armed with pistols.
Rasyihah, however, said she was unable to conclude as to what had happened to G Moganambal, the wife of Vijayaratnam, who was reported missing after the incident and has yet to be found.
On Sept 14, the three men, whom police said were suspected to have been involved in armed robbery, were killed in a shootout with the police at Km22 of Jalan Rawang heading towards Batu Arang, following a 7km high-speed car chase.
The coroner said today the men died between 5.20am and 5.30am on Sept 14 based on evidence collected in the inquest.
She said scientific evidence with regards to the position of the bodies and the weapons allegedly found on the two men did not tally with the oral testimonies of the policemen.
“The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” she said.
She said police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle.
Rasyihah said, in totality, there were many disputable questions of fact regarding witness statements.
The four had left Kepong at about 10pm on Sept 13 after dinner to visit friends and relatives. Moganambal’s sister, Vasanthi, had testified that Moganambal sent a location map via her mobile phone at about 1am (Sept 14) that indicated they were at a food outlet in Serdang.
Vasanthi stated in her evidence that shop owner Senizam Md Yusof admitted meeting the four that morning. However, Senizam denied in court that he had met them at his premises.
Lawyer M Visvanathan, who held a watching brief for the family of Thavaselvan and Vijayaratnam, said he had instructions to file a civil suit following today’s verdict.
“We have four months to do so as the three-year limitation period to file a legal action against the government will set in by September,” said Visvanathan who was assisted by V Sanjay Nathan.
Deputy Public Prosecutor Sean Dudley assisted the coroner. A total of 20 people gave evidence. - FMT, 31/5/2022
