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Wednesday, 18 May 2011

Bar council: Have separate commission for cops

The Star
by WONG PEK MEI and MARTIN CARVALHO

PETALING JAYA: The Bar Council feels that a separate independent commission should be set up to handle public complaints against the Royal Malaysian Police, alongside the Enforcement Agency Integrity Commission (EAIC).

Its vice-chairman Christopher Leong said the setting up of the EAIC did not mean the proposed Independent Police Complaints and Misconduct Commission (IPCMC) should be forgotten.

“The IPCMC should still be implemented as the police force is the biggest law enforcement agency,” he told The Star yesterday.

He said the police must be taken out of the purview of the EAIC and the IPCMC set up solely to monitor the police.

“Both these independent commissions must be given the power to institute disciplinary action, otherwise they will be toothless,” said Leong.

He added that while the EAIC had no powers of prosecution, it might be undermined and embarrassed if enforcement agencies chose to ignore its recommendations and findings.

“If the agencies choose to take actions against the officer involved, it will prolong the complaints procedure as they need to look into the case again and this will incur more time and costs,” said Leong.

He said provisions of the Whistleblower Protection Act or similar provisions could be provided to protect the complainants to overcome the natural reluctance and fear of the public coming forward to lodge a report.

“Protection could be revoked if it is found that the complaints were lodged in bad faith, that is knowingly lodging a false complaint for collateral purpose,” he said.

Meanwhile, Deputy Home Minister Datuk Wira Abu Seman Yusof described the EAIC as a positive step towards instilling integrity among enforcement officers.

“EAIC strikes a proper balance as it covers complaints not only against the police but also against officers from other government enforcement agencies,” he said yesterday.

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