JUNE 1 — We welcome the statement by Inspector-General of Police Tan Sri Razarudin Husain that all police officers that took part in the investigation of a high profile assault case involving a e-hailing driver who is a Person with Disabilities (PwD) would be interrogated after the complainant made a public appearance and claimed he felt pressured to reach a settlement.

“The officers who were involved in the investigation will be called in to Bukit Aman for questioning,” he said.

“We want to enable a thorough probe so all parties can give their account. The main focus of this investigation is to prevent any wrongdoer from not being held accountable. There will be no compromise and stern action will be taken if anyone is found guilty,” he added.

This after Johor Regent Tunku Ismail Sultan Ibrahim responded to the alleged assault on the deaf e-hailing driver by his security detail at the St Regis Hotel Kuala Lumpur on Tuesday.

Advertisement

Tunku Ismail, who is popularly known as TMJ (the Malay initials for Tunku Mahkota Johor), said he does not condone any form of illegal action or intimidation concerning the case.

“I urged the authorities to investigate the incident thoroughly where a police escort officer was alleged to have committed a harmful act.

“I hope the authorities will take action following the law and give the victim justice,” he said.

Advertisement

Regent of Johor Tunku Mahkota Ismail said he does not condone any form of illegal action or intimidation concerning the case. — Bernama pic
Regent of Johor Tunku Mahkota Ismail said he does not condone any form of illegal action or intimidation concerning the case. — Bernama pic

The alleged assault has garnered national attention and widespread condemnation.

The man, in his 40s, claimed his assailant had instructed him to drive off from the location where he was parked temporarily while waiting to pick up a passenger.

He alleged that he was beaten up when he couldn’t understand what the security personnel said.

On Thursday, the man filed a second police report saying he wanted to withdraw his earlier police report and wanted no further action because the matter had been resolved amicably.

Can one withdraw a police report that had been lodged?

The Attorney General’s Chambers of Malaysia has an answer to the question. It reads:

“A police report cannot be withdrawn. However, a complainant may make a written application so that no action is taken against the report lodged. Although the complainant may make such an application, the final decision is still vested in the Public Prosecutor.

“The Public Prosecutor has the power to allow or reject the application and the decision is based on the facts and circumstances of each case.”

In the case of Public Prosecutor v Rozita binti Mohamad Ali [2018], the High Court was presented with the facts that the complainant in the case, an Indonesian woman, had wanted to withdraw her police report and did not wish to pursue the matter.

Judicial Commissioner Abd Majid Hamzah (as he then was) made the following observations:

“An application to withdraw a complaint or police report by a complainant against an accused person to the Attorney General is not uncommon in criminal cases. To my mind, legally a police report cannot be withdrawn or revoked but a complainant may appeal to the Attorney General not to proceed with the prosecution of the accused person and it is solely the prerogative of the Attorney General to institute or decline a prosecution under Article 145(3) of the Federal Constitution.

“This is because once a person decides to lodge a police report against another for a wrong committed by the latter the matter is no longer under the former’s control. It is no longer his or her case but a case by the State under the control of the Attorney General.

“A prosecution will ensue if there is sufficient evidence to prove the offence alleged. However, a private prosecution may be taken up by an individual if the Attorney General declines to prosecute in cases involving non-seizable offences.”

Accordingly, an investigation of all police officers that took part in the investigation of the assault case is proper.

As Tunku Ismail said, let’s give the victim justice.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.