MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
Repeal Sedition Act 1945 and Discontinue
Prosecution Against ‘Papagomo’ and all others facing Sedition Charges
MADPET
(Malaysians Against Death Penalty and Torture) is appalled with the use of the
Seditions Act 1948 to charge in court Blogger Wan Azri Wan Deris (a.k.a. ‘Papagomo’)
for the making an allegedly seditious statement against the government, that claimed
that the Malaysian government was “pro-Israel and pro-Western nations”. (FMT,
8/1/2024)
Sedition
Act 1948 ought to have been repealed immediately after GE14, when the Pakatan
Harapan government who ‘promised’ repeal of draconian laws like Sedition Law came
into power. After Sheraton Move, when the Perikatan Nasional – Barisan Nasional
unity government came into power, it was also not repealed.
Sedition
Act criminalizes actions/word that causes seditious tendencies, which may
‘bring into hatred or contempt or to excite disaffection against’ the Ruler,
government, administration of justice or generally ‘raise discontent or
disaffection’. Truth, valid opinion or suspicion is no defence, as the crime is
about ‘tendencies’ only. Intention of the maker when statement made is also irrelevant.
In
July 2023, the Malaysian Cabinet and Prime Minister Anwar Ibrahim indicated
that the Sedition Act will only be applied to provocations towards the royal
institution. (CNA 26/7/2023) Anwar said that “Yes. From a policy perspective,
we avoid using the Sedition Act, except when this touches on the position of
the Rulers.’ (Malay Mail, 18/7/2023).
Buton 4/9/2023, it was reported that ‘PAS
president Abdul Hadi Awang is being investigated for sedition over comments he
made about the authority of the pardons board, Bukit Aman revealed.’ (FMT).
Then,
on 16/10/2023, it was reported that Kean Wong, the editor of the controversial
book titled “Rebirth: Reformasi, Resistance, And Hope in New Malaysia” was
arrested and investigated for Sedition by the police. (FMT, 16/10/2023).
Now,
for a claim that that the Malaysian government was “pro-Israel and pro-Western
nations”, which really is on the face of it nothing but an opinion, a person
has been charged under Sedition Act.
It
must be remembered that the draconian Sedition Act 1948 was enacted by the
British Colonial government, as a response to the growing call for the Independence
of Malaya, and growing dissent against
colonialism and British rule. This law criminalized opinions and even
criticisms of the government, making anything that causes or may cause unhappiness
with the government a crime. This law was enacted around the same time when
laws were enacted by the British to ‘crackdown’ and stifle the labour movements
and people’s organizations.
When
Governments Are WEAK, Sedition Act And
Other Bad Laws Are Abused.
We
recall how the then Prime Minister Najib Razak announced that he would repeal
the Sedition Act in July 2012 because it "represents a bygone era"
and was part of his reforms to develop Malaysia into a progressive democracy.
However, after the General Elections that resulted in a poorer showing for the
Barisan Nasional, that promise was broken, and the Sedition Act remained and
continued to be used.
The
same seem to have happened when Pakatan Harapan did worse in GE15, compared to
GE14, and assurance to repeal the draconian Sedition Act was again
shelved.
MADPET
hopes that the promise to limit usage to provocations towards the royal
institution is NOT now abandoned in
light of the alleged ‘Dubai Move’, as alleged growing disappointment with Prime
Minister Anwar Ibrahim may lead a possible loss of confidence of the majority
of the Members of Parliament which will result in Anwar’s resignation as Prime
Minister, and hence a change of government, is not the reason of expanding the
usage of the Sedition Act against persons who have allegedly ‘different’ opinion about Malaysia’s position
on the Israel-Palestine issue.
Fears
of losing political power should never be a hindrance to the repealing of the Sedition
Act and all other draconian laws
and provisions in legislations. People vote you in because of your values,
principles and promises for reform, but when these are abandoned for fear or
loss of political support amongst Malaysians or certain classes of Malaysian,
then Malaysians must reject such politicians and political parties.
MADPET
reiterates the call for the immediate repeal of Sedition Act 1948, and for a
moratorium on the usage of this draconian act pending abolition;
MADPET
calls for the immediate DISCHARGE of Wan Azri Wan Deris (a.k.a. ‘Papagomo’) and
all others who are currently charged for breach of the Sedition Act in the
Malaysian courts.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty
and Torture)
‘Papagomo’ pleads not guilty to sedition charge
The charge against blogger Wan Azri Wan Deris is over a Facebook video in which he claims the government is pro-Israel.
If found guilty, Wan Azri Wan Deris faces a fine of up to RM5,000, a jail term of up to three years, or both. (Bernama pic)
KUALA LUMPUR: Blogger Wan Azri Wan Deris pleaded not guilty in the
sessions court to a charge of making an allegedly seditious statement
against the government.
Wan Azri – whose alter ego is believed to be Papagomo – was
slapped with one charge under the Sedition Act 1948 for claiming that
the government was “pro-Israel and pro-Western nations”.
The remark was allegedly made in a Facebook video on Nov 8, 2023.
If found guilty, he faces a fine of up to RM5,000, a jail term of up to three years, or both.
Judge N Priscilla Hemamalini set bail at RM7,000 bail with one surety.
She fixed Feb 7 as the next mention date.
Wan Azri, who is a former Umno Youth leader, was represented by
lawyer Rafique Rashid Ali, while deputy public prosecutor Mustaffa P
Kunyalam appeared for the prosecution. FMT, 8/1/2024
Extrajudicial
killing by Malaysian police could be murder, and Body-Cams and CCTV could DETER
such killings.
Delay in
ensuring all police is wearing body-cams, more than a year after budget approved
is incompetence of Minister and government
Another extrajudicial killing by
the Malaysian police, this time at the end on 2023, where a 44-year-old man was
shot dead in Penang (Malaysian Insight, 31/12/2023), and a few days before
that we read that 3 Rohingyas were shot dead by police in Selayang, Selangor (Malay
Mail, 23/12/2023).
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?
One must recall the coroner’s
court decision that was handed down on 31/5/2022 which ‘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-defence. There was abuse of power and (actions in the nature of) criminal
elements by police in the death of the men,”… She[Coroner Rasyihah Ghazali] 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…’(FMT,31/5/2022)
MADPET (Malaysians Against
Death Penalty and Torture) urges for immediate and speedy inquests, by
competent Coroners like Rasyihah Ghazali, for these 2 recent media reported cases
of extrajudicial killing and all such killings by police. The coroner’s court must
give us a speedy decision, preferably within a couple months, and certainly not
3 years after the said extrajudicial killing.
MADPET calls for immediate
suspension of all police officer/s who shot and killed until the Coroner
determines there was no abuse of power and/or criminal liability on the part of
the police officers that shot and killed. These officers should at least be
given desk jobs, with no access to any firearms until they are cleared of
guilt.
MADPET urges the police, the State
and/or ‘pro-government’ media not to participate in efforts to justify the
extrajudicial killing, by painting the now deceased victims as bad people or even
‘criminals’. The crime to be investigated is the extrajudicial killing, and
nothing else. Even if the persons killed are previously convicted criminals or
drug addicts, it does not matter – all that matters is whether the police are
innocent or not.
It was interesting how Penang
police chief Khaw Kok Chin, on the same day hours after the killing, was able
to say this to the media - “Further investigation revealed that the suspect had
16 prior criminal records involving robberies, drugs, including cases
investigated under Corrosive and Explosive Substances and Offensive Weapons,
besides frequently moving in and out of Simpang Renggam. Khaw said the suspect
was active in Penang, Kuala Lumpur and Malacca…’ (Malaysian Insight,
31/12/2023)
Was this really a chance
encounter with the team from the Serious Crimes Division (D9 unit)? Did the
police go in with the intention to kill? If not, why is the police trying to
tell us now that the one killed is a BAD man?
It does not matter whether the
killed are very bad people (according to the police) or not. Everyone is innocent
until proven guilty in a court of law after a fair trial. It is not the police
that decides whether one has committed crimes or not, but the Judges and courts?
How many times really was these deceased victims previously convicted after
trial and sentenced to prison? The fact that the person was running around scot
free despite being suspected of about 16 offences in 3 States simply raises
questions about competence of law enforcement.
Highlighting allegations that the
now deceased are involved in that crime and this crime is totally irrelevant,
as the police in law only has the duty and power to just arrest, not kill. They
are not judge or executioner. One wonders as to how many were shot and arrested
without being killed recently in Malaysia?
Police can only arrest
and NOT Kill
Section 15 of the Criminal Procedure
Code states, ‘…(2) If such person forcibly resist the endeavor 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 accusedof 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….’ All these
victims of these extrajudicial killings are NOT persons accused of any such
offences let alone any criminal offence – as they have yet to be charged in
court, and so, at most they are suspects. One becomes an accused, only after
they have been charged in court.
Incompetence of PM Anwar
and his Minister’s in delay of police body-cams and CCTV
Body cams and CCTV certainly will
help ensure that the police follow the laws. It must be a national priority
given the fact of numerous extrajudicial killings by police, deaths in police
custody and allegations of police misbehavior in Malaysia.
Body cams and CCTV can also be
useful in PROVING that the police did not ‘murder’ people, but followed the laws
dutifully. Did these police officers involved in these extrajudicial killings
have body-cams? Were the vehicles the police used even equipped with CCTV recording
devices?
If the ‘killer’ police were not wearing
body-cams, is it indicative of the failure or incompetence of Prime Minister
Anwar Ibrahim, and his chosen Home Minister Saifuddin Nasution Ismail given the
fact that budget allocations for the body-cams was already approved more than a
year ago, and there is no justification as to why the delay in ensuring all
police personnel have body-cams, noting also fact that other law enforcements already
started using body cams?
At end of July 2023, the
Malaysian Anti-Corruption Commission chief commissioner Azam Baki said that anti-graft
officers going out for operations and enforcement activities will now use body
cameras to ensure transparency and to protect them from any allegations…"This is why we have decided on the use of body cameras which
can record both audio and visuals of all incidents that happen during an
investigation process. “I believe by using the body cameras, it will protect
MACC officers, those assisting investigations and even suspects," he [Azam
Baki] said. (Star, 31/7/2023).
On 23/8/2023, it was reported
that even Kuala Lumpur City Hall (DBKL) officers also have started using
body cams.
Hence, the unjustified delay in
all police officers being equipped with body-cams falls on Minister Saifuddin,
who now says that the full roll-out for the police will be completed not this
year, but in 2025. Why? The Minister must explain, and if not, then the Prime
Minister must find a more competent Minister as the issue of body-cams and CCTV
for police and law enforcement have long been top priority.
MADPET notes that the delay with
regard to ensuring body cams for all policemen also have financial implications
to the government, as the Courts have been finding police and the
government liable for deaths in police custody and also extrajudicial killings.
Body Cams and CCTV recordings will be a deterrence to police law breaking.
The Court of Appeal in March 2023
reduced damages awarded to the families of three youths shot dead by police 13
years ago, being Shamil Hafiz Shapiei, Hairul Nizam Tuah, and Hanafi Omar to
RM210,000 in damages instead of RM500,000 awarded by the High Court two years
ago.
In March 2021, Federal Court here
ruled that the Malaysian government was required to pay aggravated damages to
the next of kin of a person who dies while in police custody. Chandran’s widow
Selvi Narayan and daughter Rita will get total compensation amounting to
RM357,000 due to Chandran’s death while in police custody at the Dang Wangi
police station in 2012. The High Court in December 2019 awarded the family of
Syed Mohd Azlan Syed Mohamed Nur who died in police custody with 61 wounds on
his body five years ago RM448,000 in compensation and damages. There have
several other cases, where the family of deceased did file a case, that have
been successful. If there are body cams and CCTV coverage, it will DETER police
from breaking laws.
MADPET calls for all police
officers to be wearing body cams within three (3) months, and that CCTV with
recording capacity be placed in all areas of the police station, to ensure that
is a continuous monitoring of suspects arrested to ensure police do not break
laws, and suspect’s rights are protected.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Wanted gunman killed in shootout with cops
Updated 4 hours ago ·
Published on 31 Dec 2023 11:43AM ·
A 44-year-old man, believed
to be behind two robbery cases in Butterworth, is killed during a
shootout with police today. – The Malaysian Insight file pic, December
31, 2023.A GUNMAN was killed during a shootout with police in Bukit Mertajam, Penang early this morning.
The man is said to be behind two robbery cases – at a lottery shop and a grocery store in Butterworth.
The 44-year-old was spotted behaving suspiciously in a Proton X70 SUV
when he was approached by a team from the Serious Crimes Division (D9
unit) that was on crime prevention patrol.
Penang police chief Khaw Kok Chin said the D9 team identified
themselves before instructing the suspect to stop his vehicle for
further inspection. However, the man refused to cooperate and attempted
to flee.
“The suspect then exited his vehicle and aimed a pistol at the D9
team. In self-defence, the police fired several shots at the suspect,
killing him instantly,” he told reporters.
“Further investigation revealed that the suspect had 16 prior
criminal records involving robberies, drugs, including cases
investigated under Corrosive and Explosive Substances and Offensive
Weapons, besides frequently moving in and out of Simpang Renggam.
Three Rohingyas shot dead in Selayang Jaya involved in more than 50 robbery, housebreaking cases
Police
believe three Rohingyas shot dead in Selayang Jaya involved in more
than 50 robberies and burglaries in six states. — Picture by Ahmad
Zamzahuri
Saturday, 23 Dec 2023 6:54 PM MYT
KUALA
LUMPUR, Dec 23 — The three individuals, suspected to be members of the
Rantau Fiesta gang, shot dead by the police early today in Selayang
Jaya, are believed to be involved in more than 50 robberies and
burglaries in six states, said Selangor Police Chief Datuk Hussein Omar
Khan.
Hussein said preliminary investigations found that the three
Rohingya criminals, all in their 30s, had been involved in crime since
2011, and one of them, believed to be the leader, had been imprisoned
and returned to his old habits after his release in 2017.
"In
the incident which occurred after midnight, the police spotted a Ford
Fiesta car, which was in a suspicious manner in Selayang Jaya and
stopped the vehicle.
“However, when the policemen wanted to carry
out an inspection, two of the suspects fired three shots at the police,
forcing the police to fire back. The police fired seven shots which hit
the three suspects, all of whom died at the scene," he told a special
press conference at the Gombak District Police Headquarters here today.
He said police then searched the car and found two Revolver-type pistols and a machete.
According
to Hussein, apart from Selangor, the suspects were also believed to be
involved in robberies and housebreaking in Melaka, Negeri Sembilan,
Kuala Lumpur, Pahang and Penang.
In Selangor alone, he said, the
group was believed to be responsible for 27 cases of robberies and
burglaries, involving a loss of RM1.3 million.
The
most recent incident involved a housebreaking case in Batang Kali on
Dec 8 with losses amounting to RM445,000, including three Rolex watches
and two Hublot watches, he added.
Hussein said the gang's modus
operandi was to steal small and easily disposable luxury goods such as
jewellery and luxury watches.
The police are tracking down the
remaining members of the gang as well as the buyers of the goods stolen
by the suspects, he said, adding that the investigation was being
carried out under Section 307 of the Penal Code," he said. — Bernama, Malay Mail 23/12/2023
Govt approves RM30mil for cops’ body cameras
Home minister Saifuddin Nasution Ismail says the procurement process is in progress.
Home minister Saifuddin Nasution Ismail (centre) said body cameras were now a necessity. (Bernama pic)
KUALA LUMPUR: The government has approved an allocation of RM30
million for the procurement of body cameras for use by policemen on
duty.
Home minister Saifuddin Nasution Ismail said that the procurement process was in progress.
“I
hope the procurement can be expedited as it (body camera) is now a
necessity. I have instructed the ministry secretary-general to follow up
on the matter,” he told a press conference after a working visit to
Bukit Aman, here. --- FMT, 13/12/2022
Cops to be equipped with bodycams this year, says Home Ministry
Datuk
Seri Saifuddin Nasution Ismail said the Home Ministry has the required
to budget implement the policy in an attempt to improve the integrity of
the force. — Picture by Shafwan Zaidon
By John Bunyan
Tuesday, 11 Apr 2023 11:33 AM MYT
KUALA
LUMPUR, April 11 — Home Minister Datuk Seri Saifuddin Nasution Ismail
reportedly said that police officers are expected to start using body
cameras this year.
Saifuddin said his ministry has the required to budget implement the policy in an attempt to improve the integrity of the force.
“The
budget is available. God willing, if there are no obstacles, this year
the police force, patrol unit, traffic division or special force team
will be equipped with cameras.
“This is our effort to be ready to
adopt the technology. By that, I mean to improve integrity and try to
overcome some weaknesses. It is a continuous effort,” he was quoted as
saying in a town hall event held by Malay daily Sinar Harian yesterday
In
December last year, Saifuddin announced that the government has
allocated a budget of RM30 million for the purchase of body cameras for
the police.
He said the body cameras have been deemed a “necessity” but added that its acquisition will follow the due procurement process.
Prior
to that, in 2021, the previous government had approved an allocation of
RM30 million under the 12th Malaysia Plan to purchase body cameras for
the police.
According
to the ministry, the body cameras will be used by police personnel on
duty in the field, especially for the Police Patrol Car Unit (MPV) and
Police Motorcycle Patrol Unit (URB) and police street patrols in 157
district police headquarters across the country.
Saifuddin said a total of 7,648 body camera units will be obtained with an estimated price between RM2,000 to RM2,500 per unit.
He
also explained that the purpose of installing body cameras is also to
increase the public’s trust in law enforcement in addition to gathering
evidence in the event of a specific case.
“We are not looking for
an excuse that the police force does not need to be supervised. The
police welcomed this decision. This is a continuous effort to improve
enforcement agencies,” he said.
The increasing call for the use of
body cameras came following cases of members of the public forced to
delete recordings of misdemeanours by police officers, with the
authorities claiming such moves are allegedly forbidden. - Malay Mail, 11/4/2023
Home Ministry expects full rollout of police body cams only in Q1 2025
Home
Minister Datuk Seri Saifuddin Nasution Ismail said the full rollout of
the BWC is expected to be completed in the first quarter of 2025. —
Bernama pic
By Zaf Seraj
Friday, 27 Oct 2023 2:26 PM MYT
KUALA
LUMPUR, Oct 27 — Malaysians can expect to see local police officers
donning body worn cameras (BWC) on a daily basis in two more years.
Home
Minister Datuk Seri Saifuddin Nasution Ismail said the full rollout of
the BWC is expected to be completed in the first quarter of 2025.
“At
this time, the ministry is undertaking the procurement,” he said in a
written parliamentary reply yesterday to Kepong MP Lim Lip Eng who had
asked for an update on the BWC.
Saifuddin Nasution said the Home
Ministry’s Procurement Board is expected to sit next month and an
acceptance letter is expected to be issued in December.
“The
full use of the BWC by PDRM is expected in the first quarter of 2025
taking into account the whole supply process such as testing, site
visits, training and accreditation from January 2024 to December 2024,”
he added, using the Malay abbreviation for the Royal Malaysia Police.
Equipping
Malaysian frontline law enforcers with BWC had been talked about for
years as a way to address allegations of brutality and corruption.
Lim
had asked the Home Ministry about the BWC several times this year after
police detained four people in January while raiding an allegedly
unlicensed entertainment outlet in George Town, Penang.
In
his written reply, Saifuddin Nasution said the government had approved
an allocation of RM30 million to procure the BWC under the first rolling
plan of the 12th Malaysia Plan in 2021 for police use.
He added that the BWC was approved for procurement through open tender and the project was to be completed within 24 months. - Malay Mail, 27/10/2023
Anti-graft enforcers get body cams, in use from today, says Azam Baki
MACC chief commissioner Tan Sri Azam Baki showing the body-worn camera vest to be used by anti-graft enforcers.
PUTRAJAYA: Anti-graft officers going out for operations and enforcement activities will now use body cameras to ensure transparency and to protect them from any allegations, says Tan Sri Azam Baki.
The Malaysian Anti-Corruption Commission chief commissioner said enforcement officers, including those from the agency, were open to wild accusations during their course of duty.
"To make things worse, in this era of sophistication, those with ill intention have used social media to spread accusations and their propaganda towards our officers.
"This can result in MACC's image being tarnished and baseless threats of legal actions," he said when launching the body-worn camera to be used by the agency's enforcement officers.
Azam said as an agency that upholds integrity and professionalism, the MACC is committed to carry out improvements that could protect it from accusations and allegations.
"This is why we have decided on the use of body cameras which can record both audio and visuals of all incidents that happen during an investigation process.
"I believe by using the body cameras, it will protect MACC officers, those assisting investigations and even suspects," he said.
ALSO READ: Govt wants body cams used by Immigration Department, Prisons Department, AADK, soon
The chief commissioner said in the event where there are allegations of wrongdoing by officers in the field, the body camera could be used to confirm the allegations.
A pilot project was carried out in December last year and this had received positive feedback, he added.
"It is our hope that with the use of the body camera, the aspiration of the people for the MACC to transform, boost efficiency, be transparent and free will be proven," he said. n- Star, 31/7/2023
DBKL says 100 enforcement officers equipped with body cameras, but usage limited due to data storage issue
DBKL
said that the body cameras usage is currently on limited usage due to
constraints related to its data storage. — Picture by Devan Manuel
By Ben Tan
Wednesday, 23 Aug 2023 11:50 AM MYT
KUALA
LUMPUR, Aug 23 — Kuala Lumpur City Hall (DBKL) has accepted the
delivery of 100 body cameras worth RM270,000 to equip its enforcement
officers in an effort to combat corruption and bribery.
In a written reply to Kepong MP Lim Lip Eng, DBKL said it had received 100 body cameras on March 2.
“Following
the delivery of the body cameras, a body camera usage course was held
on March 21 for 100 DBKL personnel for their field duties.
“For
the time being, the body cameras are issued on a trial period to
determine its effectiveness, as well as any problems that crop up due to
its usage,” read the written reply as revealed by Lim to Malay Mail today.
However, DBKL said that the body cameras are currently on limited usage due to constraints related to its data storage.
Lim was present for a Kuala Lumpur mayor’s consultative meeting with parliamentarians at Menara DBKL here today.
Lim
has been instrumental in calling for the revival of body cameras for
law enforcement officers, especially police personnel, following a raid
on a hardcore music gig at a record store in Georgetown, Penang earlier
this year.
On
January 9, DBKL’s executive director of socio-economic development
Datuk Azmi Abdul Hamid was quoted saying that the body cameras will be
provided for some 100 enforcement officers first.
He said DBKL
will see its effectiveness in combating crime and graft and its role as
the neutral third eye in disputes between the public and enforcement
officers.
He said the cameras will also help to ensure the safety of enforcement officers when carrying out their duties.
The
body cameras will be used to record interactions between enforcement
officers on duty and the public, where the footage may be used as
evidence in court.
The idea to equip DBKL enforcement officers
with body cameras dates back to 2020 when then mayor Datuk Seri Nor
Hisham Ahmad Dahlan spoke of building the integrity of the officers to
reduce cases of abuse of power.
It was previously reported that
calls for body cameras gained traction after several DBKL enforcement
officers were suspected to have solicited bribes from traders who
breached licensing regulations.
Visvanathan (second from right) with family members of Chandran, namely (from left) Selvi and Rita. (Photo by The Edge)
PUTRAJAYA
(March 22): In a landmark judgement, the Federal Court here ruled today
for the first time that the Malaysian government is required to award
aggravated damages to the next of kin of a person who dies while in
police custody.
However,
the court also ruled that the next of kin is not entitled to exemplary
damages following the death of their relative while in police custody.
Malaysia’s
highest court decided on the matter today after hearing the case
involving former lorry driver P Chandran, who died in police custody in
Kuala Lumpur in 2012 after his medical needs were not attended to.
Today,
the seven-member Federal Court bench led by Court of Appeal President
Tan Sri Rohana Yusuf decided that the family of Chandran is entitled to
get aggravated damages amounting to RM200,000 but not exemplary damages
of the same quantum that was awarded earlier by the High Court and
upheld by the Court of Appeal.
The
seven-member Federal Court bench included Chief Judge of Sabah and
Sarawak Datuk Abang Iskandar Abang Hashim and Federal Court Judges Datuk
Abdul Rahman Sebli, Datuk Zabariah Mohd Yusof, Datuk Seri Hasnah
Mohammed Hashim, Datuk Rhodzariah Bujang and Datuk Nallini Pathmanathan.
Judges who agreed with Rohana’s decision today included Abang Iskandar, Abdul Rahman, Zabariah, Hasnah and Rhodzariah.
Nallini,
meanwhile, upheld the earlier decisions by the High Court and the Court
of Appeal to award the exemplary damages to Chandran’s family.
The exemplary damages amounted to RM200,000.
Today,
Rhodzariah wrote the Federal Court’s ruling, which was arrived at based
on decisions by the majority of judges on the seven-member bench.
Following
the Federal Court ruling today, Chandran’s widow Selvi Narayan and
daughter Rita will get total compensation amounting to RM357,000 due to
Chandran’s death while in police custody at the Dang Wangi police
station in 2012.
The
compensation comprises RM200,000 in aggravated damages, loss of
dependency compensation amounting to RM144,000, besides RM10,000 for
bereavement and RM3,500 in special damages, according to the Federal
Court.
Previously, the High Court and the Court of Appeal did not award aggravated damages to Chandran's family.
In legal
context, aggravated damages refer to special and highly-exceptional
compensation awarded to a plaintiff when a defendant's conduct leads to
humiliating and malicious circumstances for the plaintiff.
Meanwhile,
exemplary damages or punitive damages aim to punish a defendant for
wrongful conduct and deter the defendant from repeating the offence.
Representing
Selvi and Rita were lawyers led by M Visvanathan, while senior federal
counsel Andi Razalijaya A Dadi appeared for the police and government.
Chandran's
family had named five police officers, the inspector-general of police
(IGP) and the Malaysian government as defendants in the legal action
following Chandran’s death.
Previously,
the Sessions Court inquest led the court to rule that the police
officers were responsible for Chandran’s death because they did not
provide Chandran with timely medical assistance, according to news
reports.
It was
reported that a post-mortem revealed that Chandran died from
hypertensive heart disease due to the absence of timely medical
assistance.
It was
reported that the police only discovered Chandran’s death 12 hours after
he died in the lock-up at the Dang Wangi police station.
According
to news reports, the High Court in January 2017 found the police guilty
of Chandran’s death as the police did not attend to Chandran's medical
needs in a timely manner.
In 2019,
the Court of Appeal affirmed the High Court's decision that Selvi and
Rita were entitled to receive compensation because Chandran’s death was
due to the police’s negligence and abuse of public office, news reports
indicated.
Court lowers damages for families of three men killed by police
PUTRAJAYA: The Court of Appeal has amended the
quantum of damages from RM1.5mil to RM630,000 which had been awarded to
the families of three youths – one a teenager – who died in a police
shooting 13 years ago.
A three-judge panel chaired by Justice
Azizah Nawawi made the adjustment after allowing parts of the appeal by
the prosecution in the case. “We find merits in the appeal and we allow
the appeal in parts,” she said.
In
the decision, the panel set aside RM100,000 in general damages for each
family and substituted it with RM10,000 each for bereavement damages.
Two
other types of damages, exemplary and estate claim under Section 8 of
the Civil Law Act which stood at RM100,000 for each family, were also
set aside.
After the deductions, the damages for the families stood at RM630,000 in total, with each family receiving RM210,000.
“The rest of the order of the High Court is affirmed,” she said here yesterday.
Other judges on the bench were Justices S. Nantha Balan and Mohamed Zaini Mazlan.
On Nov 13, 2010, Muhammad Shamil Hafiz Shapiei, 15; Mohd
Hairul Nizam Tuah, 20; and Muhammad Hanifi Omar, 22; were shot dead by
the police in the Glenmarie industrial zone in Shah Alam, Selangor.
Their families filed a joint civil lawsuit on Nov 12, 2013, at the Shah Alam High Court.
The
lawsuit was filed by Muhammad Shamil’s parents Shapiei Zainal Abidin
and Norhafizah Mad Razali, Mohd Hairul Nizam’s mother Hamidah Kadar and
his sister Norhaliza Tuah, and Muhammad Hanifi’s parents Omar Abu Bakar
and Noriah Darus.
They named the Shah Alam district police
chief, the Selangor police chief, the Inspector-General of Police and
the government of Malaysia as respondents.
Seven police officers
were later identified as being involved in the shooting and
subsequently named as respondents, making it a total of 11 respondents.
The
lawsuit was first dismissed by the Shah Alam High Court on Aug 11,
2015, which found the police officers’ testimony that the firing at the
three youths, allegedly armed with machetes, was to protect themselves,
as credible and believable.
However, on Sept 1, 2016, the Court
of Appeal overturned the ruling and found the police liable. The case
was sent back to the High Court for damages assessment.
The compensation came to a total of RM207,000 for all three families.
Dissatisfied
with the amount, the families appealed to the High Court for a
reassessment and on June 30, 2021, the court awarded the RM1.5mil total
compensation.
Senior Federal Counsel Noerazlim Saidil appeared for the appellants. Zaid Malek appeared for the families. - Star, 24/3/2023
Family of man who died in Johor police lock-up wins close to RM500,000 in compensation
Thursday, 19 Dec 2019 02:08 PM MYT
BY BEN TAN
Lawyer for the plaintiffs, M.
Visvanathan and Syed Mohd Azlan Syed Mohamed Nur‘s family at the Johor
Baru High Court December 19, 2019. — Picture by Ben Tan
JOHOR BARU, Dec 19 — The High Court today awarded the family of Syed
Mohd Azlan Syed Mohamed Nur who died in police custody with 61 wounds on
his body five years ago RM448,000 in compensation and damages.
The family had initiated civil proceedings in 2015 against three
policemen and 11 others, including the inspector-general of police and
the government.
The money covered their court costs, dependency claims, malfeasance
in public office, exemplary, bereavement, funeral and special damages.
Syed Mohd Azlan, a 25-year-old welder, was arrested in the early
hours of November 3, 2014 on suspicion of rioting and possession of a
weapon two weeks earlier.
He was taken to the police station lock-up in Sungai Rengit,
Johor and found unconscious five hours later during a transfer to the
Kota Tinggi district police headquarters. He was sent to the Bandar
Penawar health clinic where he was pronounced dead.
In 2018, the Enforcement Agency Integrity Commission (EAIC) said
police personnel had beaten Syed Mohd Azlan while in custody, adding
that it found 61 wounds on his body that were consistent with defensive
injuries.
The EAIC, in its statement, reiterated its findings showed there was foul play in Syed Azlan’s death.
Three policemen — Weddrin Mojingkin, Joshua Perait and Muhammad
Bunyamin — were charged under Section 304(b) of the Penal Code with
culpable homicide not amounting to murder, which is punishable with jail
up to 30 years and a fine.
However, they were found not guilty at the Sessions Court. The High Court this year upheld their acquittal.
Despite their release from the criminal proceeding, High Court Judge
Datuk See Mee Chun ruled in favour of Syed Mohd Azlan’s family today.
In her ruling, the judge said the police are duty-bound to uphold the law and keep the nation’s peace and security.
“All action towards that must be in accordance with the Federal Constitution and law,” she said.
See quoted from a 2008 case involving custodial assault and police
brutality against a man who was suspected to be involved in a crime.
She said that an award of damages must reflect the sense if public
outrage, emphasise the importance of the constitutional right and the
gravity of the breach and deter future breaches.
Syed Mohd Azlan’s family was represented by lawyer M. Visvanathan,
while senior federal counsel Jailani Abdul Rahman acted for the
government.
Visvanathan later told reporters that the court decision sent a strong message that injustice will not be tolerated.
“A full stop must be made,” he said.
Syed Mohamad Shariff Syed Mohamed Nur, brother to the deceased,
expressed his gratitude to the court and hoped the authorities would
learn the proper treatment to accord detainees.
The late Syed Mohd Azlan’s family present in court today were his
father Syed Mohamed Nur Ali, 72; mother Sharifah Khalilah Syed Sulaiman,
61; and younger brother Syed Mohamad Affendi, 38. - Malay Mail, 19/12/2019
