KUALA LUMPUR – The legal fraternity has expressed frustration and disbelief over the Attorney-General’s Chambers (AGC) apparent delay in prosecuting a VVIP police bodyguard accused of assaulting a deaf e-hailing driver.
Despite the apparent simplicity of the case, the AGC’s pace in bringing the officer to justice has drawn sharp criticism.
Vivekananda Sukumaran, the Bar’s Criminal Law Committee chairman, voiced deep concerns over the AGC’s handling of the case, stressing that the legal framework already provides clear guidelines on how investigations should be conducted and reported.
Section 107A of the Criminal Procedure Code mandates that police officers update complainants on the status of investigations within two weeks of a request.
Vivekananda further highlighted that under Section 120 of the same code, police officers are obligated to submit investigation papers to prosecutors within a stipulated period.
Referring to the case of deaf e-hailing driver Ong Ing Keong, who was allegedly assaulted by a VVIP police escort on May 28, Vivekananda expressed concern over the prolonged delay in prosecuting the officer involved.
“Nevertheless, I am deeply concerned over the slow movement of what seems to be a straightforward investigation.
“Thus, we would like to invite lawyers representing victims who are facing issues with enforcement authorities to send their complaints to the Bar’s Criminal Law Committee where we will compile, process and troubleshoot these issues with the relevant people in charge of these agencies.
“This problem of failing to prosecute and slow investigations must be addressed by the AGC, the police and other relevant enforcement bodies,” Vivekananda said when contacted.
He also emphasised that the AGC, police, and other enforcement agencies must address the broader issue of delayed prosecutions and sluggish investigations.
Commenting on Inspector-General of Police Tan Sri Razarudin Husain’s confirmation that internal disciplinary action had been taken against the officer involved, Vivekananda argued that such measures were insufficient.
“Disciplinary action is akin to dealing with employment misconduct. Internal actions may have been taken, but they do not address the fact that a crime has been committed,” he added.
Lawyer Rajesh Nagarajan also questioned the AGC’s inaction, noting that two months had passed since the investigation papers were handed over by the police.
He criticised the delay, especially given that Ong had resorted to releasing dashcam footage of the incident to the public out of frustration.
“The video has been widely viewed, and the assault is clear as day. Despite the compelling evidence, why has the perpetrator not been charged? What is the attorney-general waiting for?” Nagarajan said in a statement.
While Article 145(3) of the Federal Constitution grants the attorney-general discretion to initiate proceedings for any criminal offence, lawyer Datuk Seri Rajan Navaratnam cautioned against jumping to conclusions without knowing all the facts.
He noted that although the constitution appears to provide discretionary powers to the attorney-general, case law has established that these powers are not absolute.
Courts have a duty to intervene if these powers are exercised improperly.
Rajan also pointed out that the Federal Court, in the case of Sundra Rajoo Nadarajah v the foreign affairs minister, ruled that the attorney-general’s discretionary powers could be subject to judicial review under appropriate circumstances.
Moreover, Rajan clarified that while internal disciplinary actions had been taken against the police officer, this did not preclude the AGC from initiating criminal prosecution.
“Disciplinary actions generally address misconduct and rule violations, but the authority to impose criminal penalties rests with the courts,” Rajan added.
On Wednesday, Ong made the dashcam footage of the assault public, sparking widespread outrage.
The footage shows Ong stopping on the main driveway of a five-star hotel to pick up two passengers.
Moments later, a security convoy appeared, and a uniformed officer instructed Ong to move his vehicle. When Ong opened his window to indicate his intention to comply, the officer punched him, causing his lips to bleed.
Following the release of the footage, Inspector-General of Police Tan Sri Razarudin Husain confirmed that internal disciplinary action had been taken against the officer involved.
However, despite Razarudin’s assurance on June 5 that the investigation had been completed and the papers submitted to prosecutors, the AGC has yet to press charges. – August 17, 2024
