30-5-2024 (KUALA LUMPUR) In a call for justice and accountability, Lawyers for Liberty, a prominent human rights group, has urged the police to continue their investigation into the alleged assault of a disabled man by the bodyguard of the Johor regent, Tunku Ismail Sultan Ibrahim. The organization has emphasized that there can be no “settlement” in a criminal case between the perpetrator and the victim, as the law must take its course.
Zaid Malek, the director of Lawyers for Liberty, stressed the legal obligation of the police to investigate and prosecute offenders, regardless of any attempts to retract or settle the initial report. “Once the police receive information regarding the commission of an offense, they are duty-bound to investigate the matter,” he stated, citing Section 3(3) of the Police Act 1967, which tasks the Royal Malaysia Police (PDRM) with preserving peace, preventing and detecting crime, and apprehending and prosecuting offenders.
Zaid cautioned that disregarding this duty based on a retracted police report could lead to a dangerous precedent where those in power might coerce victims to withdraw their complaints, ultimately undermining the criminal justice system. “It will lead to the breakdown of our criminal justice system, making the criminal laws a mere farce,” he warned.
The incident in question came to light when it was reported that a police report had been lodged against the bodyguard of Tunku Ismail Sultan Ibrahim for allegedly assaulting a disabled man at a hotel. Bukit Aman Criminal Investigation Department director Shuhaily Zain confirmed that the case was filed under Section 323 of the Penal Code for voluntarily causing hurt.
According to the police report, the disabled man, a Grab driver, was parked at the hotel entrance as Tunku Ismail’s convoy was leaving the property. One of the regent’s bodyguards reportedly knocked on the driver’s car door and assaulted him, leaving the 46-year-old man with soft tissue injuries that required treatment at Kuala Lumpur Hospital.
Zaid questioned the police’s handling of the case, drawing comparisons to their swift actions in cases related to race, religion, and royalty (3R). “PDRM’s conduct here is also highly questionable, as other cases in relation to criticisms against government or so-called 3R issues were swiftly investigated and persons involved immediately arrested,” he said, suggesting a lack of equal zeal in pursuing this particular case.
Emphasizing the principle of equality before the law enshrined in Article 8 of the Federal Constitution, Zaid stated, “No one can escape justice simply due to their status or connections. To do that would make a mockery of justice.”
Lawyers for Liberty’s demand for a thorough, impartial, and independent investigation comes after Kuala Lumpur police chief Rusdi Mohd Isa stated that the case had been “amicably resolved” following a second police report from the complainant, stating that he did not wish to prolong the matter.
The alleged assault and the subsequent developments have sparked concerns about the impartial administration of justice, with Lawyers for Liberty calling for a transparent and rigorous investigation to uphold the principles of equality and accountability under the law.
