Media Statement – 16/12/2021
Sarawak Police investigating police who shot person dead must be independent, and lead to suspects being openly tried in court, and not subject to internal ‘secret’ disciplinary action
No preferential treatment for police law-breakers especially in extrajudicial killings
MADPET(Malaysians Against Death Penalty and Torture) applauds the fact that the police is investigating the killing of a 24 year old man by the police in Sarawak for murder under the Penal Code and offences under the Arms Act 1960. Later, one may be charged for murder, culpable homicide not amounting to murder or for some lesser killing offence.
Police who shot dead ‘suspect’ investigated for Murder
On 15/12/2021, a man driving a Proton Saga was shot dead by the police after he allegedly tried to evade and ram into the police along Jalan Simpang Tiga in Kuching, Sarawak. It was alleged the man had been instructed to stop for checks by the police for driving recklessly, but he ignored the order and sped off, hitting several cars along the way before arriving at a traffic light junction in Jalan Simpang Tiga.
Another report said that the man driving a Proton Saga was said to be behaving in a suspicious manner and when instructed by police to stop, he drove his car at high speed towards them.
Another report suggested that the police already knew he was a wanted criminal suspect. There are contradictions in media reports, and the real truth is difficult to determine from media reports.
The only known truth seems to be that the man was shot dead by the police.
‘Sarawak Police Commissioner Datuk Aidi Ismail when contacted confirmed the case.,"Police will carry out a complete investigation into the case under Section 307 of the Penal Code and Section 8(a) of the Arms Act 1960," he said. The road was closed for more than five hours for the police to investigate the case, forcing motorists to use alternative routes.’(New Straits Times, 16/2/2021).
This reasonably means that the police is investigating the police officers who shot dead the victim, for it is nonsense for the police to be now investigating a dead victim.
In this case, MADPET sees no other option but to now charge the said suspected police officers for the killing of this person, and in court the accused police officers then will have every opportunity to raise whatever defenses including maybe ‘self defence’, and leave it to the court to decide on their guilt and/or innocence.
Police can only arrest not kill suspects
The police in Malaysia, under the law, is empowered to only arrest, and is permitted to use reasonable force to arrest – not kill as provided for in section 15 of the Malaysian Criminal Procedure Code 199(Act 153)(CPC).
Only Police killing of only persons already accused of serious crimes whilst trying to arrest may be excusable under CPC
Section 15(3) CPC clearly states that ‘(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 life.’
In this case, it seems clear that the said victim is certainly not a person ‘accused of an offence punishable with death or with imprisonment for life.’ If he was accussed, he would have already been charged in court, and so, at most, now he is merely a suspect, as such the killing of such suspects is not permissible in Malaysian law or the CPC.
Was the incident a pre-meditated or accidental encounter?
Media reports suggest that the police shot the victim dead allegedly because he tried to use his car to ram into the police, but there is no indication that the now deceased had used any firearms on the police. Another media report suggests this may have been a pre-meditated or planned police action to arrest the suspect of several crimes, and hopefully not to kill. Or was it merely a chance encounter by a police patrol unit? [Astro Awani 15/12/2021, Malay Mail 16/12/2021, Borneo Post 15/12/2021)
Public Prosecutor, SUHAKAM, EAIC and others to ensure independence of investigation/prosecution
MADPET urges a comprehensive and independent investigation of these police suspects, with no cover-ups or preferential treatment simply on the basis that the suspects are police officers.
It is best that investigating officers are not from the same station or the same police district or even the police. It may be best if the Coroner and the Public Prosecutor are involved in the investigation from the onset.
MADPET also urges SUHAKAM (Malaysian National Human Rights Commission), and the Enforcement Agency Integrity Commission(EAIC) to also closely monitor this case to ensure that there be an independent investigation and prosecution of said police officers.
MADPET urges the suspects to be charged and tried in court, and not be simply subject to some ‘secretive’ internal disciplinary action. Crimes must be punished in accordance to the law.
Government/Police Priority Is To Prove That It Was Not An Extra-Judicial Killing
If the said police officers were acting on orders and/or authorization of the police, then this would be extrajudicial killing. If they were acting in pursuance of their duties, it would again be extrajudicial killings.
However, if they were acting on their own at the behest(or orders) of another or for payment, then it may not extrajudicial killing but simple murder or an ordinary crime.
Truth must be revealed, and at present, it will be reasonable that it be presumed to be an extrajudicial killing, making it a priority for government and police to prove that it was not an extrajudicial killing.
There have been too many incidents of police shot alleged suspects or other innocent persons in Malaysia, where there was no closure – let alone proper independent investigations and/or prosecutions. Were they all extrajudicial killings?
Even in cases of death in custody, where SUHAKAM and/or the EAIC, after an proper inquiry found police officers criminally liable for the death of victims and/or other related offences like tampering of evidence, makes recommendations that they be charged in court, we have seen a failure of the government, police and/or the public prosecutor to charge and try them in criminal courts. It is embarrassing when thereafter, civil actions by the deceased’s families against the said officers and the police succeeds.
Recent SUHAKAM’s finding after public inquiries of enforced disappearance caused by police officers, have not yet to see any police officer being charged and tried in court.
This recent assurance by the Sarawak Police Commissioner of a thorough investigation of the police officers in this recent ‘shoot to kill’ incident gives us hope, that even police officers that committed crimes are not above the law, and will be investigated charged and tried.
MADPET reiterates the call for an independent investigation or re-investigation in all past ‘shoot to kill’ or extrajudicial killing incidents, as there is no limitation when it comes to crime, and the wrongdoers must be charged and accorded a fair trial in an open court. Secret disciplinary actions must be avoided.
MADPET reiterates for the criminalization of extrajudicial killings in Malaysia;
MADPET also calls on the government to disclose statistics and information about all deaths by reason of police shootings, and the steps taken against the perpetrators.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
POLICE INVESTIGATING THE DEAD?
Sarawak Police Commissioner Datuk Aidi Ismail when contacted confirmed the case. "Police will carry out a complete investigation into the case under Section 307 of the Penal Code and Section 8(a) of the Arms Act 1960," he said.
Section 307 Penal Code - Attempt to murder
Section 8(a) Arms Act 1960 - Any person who in contravention of the provisions of this Act-(a) has in his possession, custody or control, or carries or uses any arm or ammunition without an arms licence or arms permit in that behalf or otherwise than as authorized by the licence or permit or, in the case of ammunition, in quantities in excess of those so authorized; or...(b)...
Section 15 Criminal Procedure Code - Arrest, how made
(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there is a submission to the custody by word or action.
(2) If such person forcibly resist the endeavour to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.
(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 life.
Man shot dead after trying to ram cops near Kuching
KUCHING: A man was shot dead after he allegedly tried to evade and ram into the police along Jalan Simpang Tiga, here, last night.
It was learnt that the man, who was driving a Proton Saga, had been instructed to stop for checks by the police for driving recklessly.
The man, however, ignored the order and sped off, hitting several cars along the way before arriving at a traffic light junction in Jalan Simpang Tiga.
He was said to have tried to ram into the police when they attempted to approach the vehicle to apprehend him. This forced the police to open fire.
A team paramedics deployed to the scene confirmed that the man, 24, died on the spot.
Sarawak Police Commissioner Datuk Aidi Ismail when contacted confirmed the case.
"Police will carry out a complete investigation into the case under Section 307 of the Penal Code and Section 8(a) of the Arms Act 1960," he said.
The road was closed for more than five hours for the police to
investigate the case, forcing motorists to use alternative routes. - NST, 16/12/2021
(UPDATED) Man believed shot dead after attempting to evade, ram cops in Kuching
Police investigating the old Proton Saga driven by the suspect.
KUCHING (Dec 15): A man was believed to have been shot dead after he allegedly attempted to evade and ram police personnel around 7.20pm at Jalan Simpang Tiga traffic light intersection here tonight.
It was said that the suspect, driving an old Proton Saga, had been ordered by the police to stop for checks.
He however disregarded the order and sped off, hitting several vehicles at the traffic light intersection.
Several police personnel tried to approach the vehicle to apprehend the suspect but he was said to have attempted to ram them to try to escape, which prompted the police to fire several shots at him.
Paramedics at the scene confirmed that the suspect had died.
Sarawak Police Commissioner Datuk Aidi Ismail in a statement later said the police had fired shots on the Proton Saga which was driven suspiciously and dangerously, in an attempt to stop it.
“Upon checks, paramedics have confirmed that the suspect, a local man around 24 years old, has died on the spot,” he said.
He said the case is being investigated under Section 307 of the Penal Code for attempted murder and Section 8(a) of the Arms Act 1960 for possessing or carrying arms and ammunition without an arms licence or permit. - Borneo Post, 15/12/2021
Man shot dead after trying to plow into cops in Kuching
KUCHING, Dec 16 — A motorist was shot dead after he allegedly tried to ram his car into a police patrol vehicle at the Jalan Simpang Tiga-Batu Lintang junction here last night.
In the 7.40pm incident, the man driving a Proton Saga was said to be behaving in a suspicious manner and when instructed by police to stop, he drove his car at high speed towards them.
It is understood that the suspect, whose identity has not been disclosed, hit several cars at the traffic light junction while trying to flee.
Sources said police were forced to open fire when the suspect tried to run down several traffic policemen who attempted to apprehend him.
Sarawak CID chief SAC Lukas Aket, when contacted, confirmed the incident. — Bernama - Malay Mail, 16/12/2021
Wanted Man Shot Dead In Kuching After He Tried To Escape From Police
This incident took place after the man had realised that traffic officers were tailing him in a vehicle and tried to escape at a traffic light intersection. Several vehicles were damaged as the suspect collided into them in his attempt to flee custody.
When the officers from the Kuching District Police Headquarters tried
to arrest the suspect, he fought back which caused the officers to fire
several shots.
The Borneo Post shared that the suspect is confirmed to be dead on the scene.
“Upon checks, paramedics have confirmed that the suspect, a local man around 24 years old, has died on the spot”, said Sarawak Police Commissioner Datuk Aidi Ismail.
Kuching folks, did you witness the incident? Let us know in the comment section. - World of Buzz, 16/12/2021
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