KUALA LUMPUR, May 12 — Malaysian Bar president Datuk Abdul Fareed Abdul Gafoor today said that law-abiding police personnel who have committed no offence have nothing to fear from the Independent Police Complaints and Misconduct Commission (IPCMC).
Abdul Fareed commended Inspector-General of Police (IGP) Datuk Seri Abdul Hamid Bador for finally giving their consent for the formation of IPCMC some 14 years after it was first proposed.
“The establishment of the IPCMC is indisputably constitutional, and does not violate section 4 of the Police Act 1967.
“Article 140(1) of the Federal Constitution — which is the supreme law of the land — states that Parliament may enact legislation to provide for the exercise of disciplinary control over all or any of the members of the police force, in such manner and by such authority as may be provided in that legislation," he said in a statement today.
Abdul Fareed added that in meting out disciplinary action, the IPCMC would not undermine the powers of the IGP.
“It is only the investigative and disciplinary functions currently under the Police Force Commission — which is an internal body — that would be taken over by the IPCMC, in order to have external oversight.
“If the IPCMC receives a complaint about an alleged misconduct, and upon investigation discovers that adequate disciplinary action has been taken by the Royal Malaysian Police (PDRM), the IPCMC will not take any further action.
“The IPCMC would act only if PDRM has taken no action, or inadequate action, on the complaint,” he said.
He said Abdul Hamid’s support for the establishment of the IPCMC, is significant, positive and encouraging.
“It is our fervent hope that the IGP’s leadership in this respect will herald a new dawn of police accountability, and of public confidence in the PDRM,” he added.
Abdul Fareed said as part of the Malaysian Bar’s submission of recommendations to the Government’s Committee for Institutional Reforms, was aimed at addressing various concerns, including the right to legal representation, right to remain silent, solicitor-client privilege, and the right to appeal against decisions of the IPCMC.
“The Malaysian Bar urges the government to set up the IPCMC without any further delay. Its establishment will undoubtedly enhance the stature and the standing of the PDRM,” he said.
