Police also liable

LIMBANG:  On Friday June 22, 2012 two Police officers who abused their positions of trust were ordered by the High Court In Limbang to pay as damages RM10,000 to each of two school boys and a member of the public.

They were also ordered to pay RM5,000 to the second plaintiff for causing injuries.

They were fined for assault and false imprisonment.

Lawyer Baru Bian, who represented them said: “We are thankful that justice has prevailed for the plaintiffs in this case, who were innocent (and young, in the case of two) victims made to suffer at the hands of the very people paid by taxpayers to protect them.” 

Giving a full account of the incident, he said that three plaintiffs, two of them students, succeeded in a suit against the Police and the government of Malaysia for assault and false imprisonment.

“The case arose from a futsal match between the Police team and the Bada Buda Team from a local school, during which a disagreement occurred. The second defendant, L/P Jamel Fernandez Mohamad ran onto the field and assaulted one of the players.

“The first plaintiff, Umar Selutan, stopped the assault and the game was aborted. The following day, Umar was called to the Lawas police station to explain the incident, but was accused of starting the fight and put in lock-up without being told of the reasons for his detention.

“He was released after 55 hours in detention without any charge being proffered against him,” said Bian.

The second and third plaintiffs (Awangku and Steven) and another player were picked up from their school by police officers the day after the match and taken to the police station, where they were accused of assaulting the police team.

L/P Jamel and the first defendant Inspector Khairul Anuar bin Omar then assaulted Awangku in the office of another officer.

The two schoolboys were put in lock-up and were released 28.5 hours later without any charges being proffered against them, said Bian.

Awangku only received medical treatment for the injuries sustained from the assault after he was released from lock-up.

Bian said: “All three plaintiffs were not given the opportunity to consult a lawyer at any time. The plaintiffs claimed that the defendants had violated their duty to uphold the peace but instead had assaulted Awangku.

“They further claimed that they had been humiliated and treated like criminals, and as a result, suffered trauma and shame and/or damage and/or injuries as a result of their illegal arrest and false imprisonment.

“The High Court in Limbang allowed the claims of the plaintiffs for damages and costs against Inspector Khairul, L/P Jamel and the Government of Malaysia. The defendants were ordered to pay RM10,000 as damages to each plaintiff and RM5,000 as costs for causing injuries to the second plaintiff  while in police detention,” he said.

Disciplinary action by their department is likely to be taken them.

“We hope that today’s ruling will serve to remind those in authority not to abuse their positions of trust,” said Bian, who is Sarawak PKR Chief, said.

Meanwhile, a number of cases are pending against Police Officers who have allegedly abused their power for false imprisonment of native land owners who have defended their rights against encroaching in to their NCR land.

Instead of the culprits who should be arrested for destroying their NCR land and their fruit trees, the landowners who lodged the reports have been arrested.

Unhappy with the Police action, the detained NCR landowners sue the Police.

Simunjan OCPD Sued

KUCHING: Two activists, Numpang Anak Suntai and Nicholas Mujah Anak Ason have jointly filed a RM280,000 legal suit at the Kuching High Court against DSP Choo Yin Kok and Sgt. A. Ramlee OKK Hj. Binsin, both of Simunjan Police station for false imprisonment.

Numpang is also suing the police officers for malicious prosecution.

The Government of Malaysia is also named as the third defendant in the suit.

Apart from the RM280,000.00 claim, the plaintiffs also claim  general damages, exemplary damages and or aggravated damages to be assessed by the Court and interest thereon at the rate of 8% from October 22, 2010 to the date of judgment and thereafter at the of 8% per annum to date of full payment and realisation.

They also claim damages, costs and such further or other relief as the Court deems just.

Numpang who hails from Kpg. Bajong Ili is a retiree, while Mujah who comes from Kpg. Ensika, Sebangan is the Secretary General of Sarawak Dayak Iban Association (SADIA).

On or about October 20, 2010, Numpang was called by Corporal Hadi from the Simunjan Police Station to be present at the Police Station for a discussion.

As he was having medical treatment in Kuching at that time, Numpang agreed to go to the Simunjan Police station on October 22, 2010.

When he arrived at the Police Station at about 2.20 pm, he was informed that he was arrested for suspicion of ‘mischief by fire’ in connection with the fire that occurred at a logging camp owned a timber companies.

He was detained and was ordered to be put in the Police lock-up.

The following day (October 23) Numpang was taken before the district officer of Simunjan for a further remand and again sent to the Police lock-up and he remained imprisoned until he was released on Monday, October 25, 2010 at about 10.20 am.

He was released without making any plea or any charge proffered against him. Nor was he ordered to appear before the magistrate.

Numpang claimed that his arrest and detention was without reasonable or probable cause and therefore unlawful and illegal.

He alleged that his arrest and detention was tainted with malice.

Numpang was never charged for ‘mischief by fire’ as was informed by the DSP Choo.

DSP Choo or his officers did not have any discussion with the plaintiff or failed to interview him. Instead he was put in the Police lock-up without any valid reasons or grounds or reasonable or probable cause.

The plaintiff had suffered shame and or damages as a result of the illegal arrest and detention or false imprisonment and or the action of the first defendant and was traumatised by his experience.

On malicious prosecution against him, Numpang was asked to appear before a magistrate Court in Serian on December 15, 2010 and was charged by the Public Prosecutor for ‘criminal intimidation’ for words that he allegedly uttered to the representatives of the said companies (Quality Concrete Sdn Bhd and Loyal Billion Sdn Bhd) on October 18, 2010 at the logging camp in Rantau, Sebangan.

The case was heard before the Magistrate court in Simunjan on February 16, 2011, and on March 10, 2011 the Magistrate delivered his ruling that the Public Prosecutor had failed to establish any prima facie case against him.

Numpang was discharged amounting to an acquittal.

The Public Prosecutor appealed and after a number of postpones, the Public Prosecutor withdrew the case.

On Mujah’s case, he was at Pulau Bruit, Mukah on October 22, 2010 when he received a call from Corporal Hadi asking him to be present at the Simunjan Police Station.

Mujah presented himself at the Police Station on October 23, 2010 and was arrested at 2.20 pm for suspicion of ‘mischief by fire’ in connection with the fire that occurred at the logging camp of the two companies at Selabyu, Sebangan.

He was detained and was ordered to be put in the Police lock-up until he was not released at about 10.20 am on October 25, 2010 without any charge proffered against him nor was he ordered to appear before the Magistrate.

Without prejudice to the above, there was no reasonable ground for remanding him.

Mujah had suffered shame and or damages as a result of the illegal arrest and detention or false imprisonment and or the action of the Police officers who are under the employment of the Malaysian Government, the third defendant.

He claimed he was traumatised by his experiences.

Civil case against Taib’s sister

KUCHING: The civil case brought by Numpang Anak Suntai and Iban NCR landowners of Sebangan against Quality Concrete Holdings, a company of Chief Minister Abdul Taib Mahmud’s sister Raziah will be heard on August 8, 2011.

Included in the suit is also its contractor, the Loyal Billion Sdn Bhd. Together the two companies had allegedly encroached into the Ibans’ 3,305 hectares of forest which is part of their NCR land.

Several hundreds of millions of ringgit worth of rare species of timber had allegedly been felled from the NCR land.

The licence given to Raziah was approved by the Forest Department.

Meanwhile, last Friday the Deputy Public Prosecutor (DPP) has withdrawn his appeal against Numpang Anak Suntai, a native customary rights (NCR) land activist after the case came up before the court.

The case was supposed to be heard three times previously, but it had to be adjourned as the police failed to prepare their appeal against him.

Numpang was acquitted in March this year after Magistrate Sharizat Ismail found out that the prosecution had failed to put up a prima facie case against him for criminal intimidation.

The case which was heard in Simunjan was brought against him by the Quality Concrete Holdings and its contractor Loyal Billion Sdn Bhd.

Numpang together with six others were arrested after fire destroyed the campsite of the Loyal Billion Sdn Bhd.

In that fire, six tractors, two logging trucks, a pick-up and excavator were damaged which the company estimated to be more than RM2 million.

Numpang alone was charged.

See Chee How, who defended Numpang said the appeal case was to be heard on Friday as well as the hearing of motion to strike the appeal.

But the DPP withdrew the appeal, he said.

See pointed out that what is interesting in the case is the involvement of a police officer who has been harassing Numpang.

“The main thing about this case is why Sergeant A. Rambli bin Haji Dinsin, who is the officer in charge of the Sebuyau Police station called Numpang to come to court saying that there is a subpoena against him to attend the court.

“He must attend, otherwise they will arrest him. In actual fact there is no subpoena. And the hearing on Friday was the fourth time Numpang had to come to court without any notice from the court,” See said.

“Numpang flew all the way from Miri to come to Kuching to attend the court. He was in Miri visiting the children.

“We want to know why this Sergeant Rambli is taking that kind of personal interest in the case. He has been telling lies all this while.

“It has nothing to do with him. Why is he calling Numpang? Is it because of the background of the company?” said See, pointing out that there was no need for him to attend the court case as there was no notice from the court.

See said that Numpang has already instructed him to file a legal action against the Police in Simunjan for ‘malicious prosecution’ as well as to make a Police report against Sergeant Rambli for telling lies and threatening to arrest Numpang.

“We will lodge a Police report against the sergeant, before we sue him and claim damages,” See said.

PKR women accuse gov’t, police inaction

KUCHING: Sarawak PKR women throw a scathing attack against the government and the Police for being inaction against the perpetrators of rapes on the Penan women and girls.

“The inaction of the Police, the state and federal governments has encouraged the prepreetractors who are mostly timber workers to commit more rapes,” said Voon Shiak Ni, national vice-president of PKR women wing.

She said: “Since the last report made three years ago in which 14 rape cases against the Penan girls were reported, seven more new cases have surfaced.

“The latest rape case was reported last Monday by a 20-year old Penan woman who alleged that an Indonesian man she knew had repeatedly raped her after coaxing her into following him to the city in the pretext of finding work,” she said.

The woman also told the Police that there had been similar rapes involving other Penan girls in her village, said Voon.

She said that several reports made by a number of taskforces of non-governmental organisations together with suggestions and recommendations had been submitted to the government, the Police, relevant government agencies, the ministry of women, family and community development and even to Rosmah Mansor, the wife of the prime minister.

“Up to now no one has been charged or investigated by the Police though the ministry taskforce report and the NGO task force report on the allegations of rape by timber loggers confirmed the incidents of rapes,” Voon said.

On remarks made by the newly elected state assemblyman for Telang Usan Dennis Ngau, Voon said that positive steps and actions expected to be taken to redress the issue were long overdue.

“Not only the opposition parties had called for investigations, but the civil society including women NGOs in Sarawak had made numerous statements calling for police investigations and government attention on the matter,” she said.

Following the report made last Monday, Ngau was reported to have admitted that there had been a surge in the number of foreigners in the interior because of the expansion of oil palm plantations and logging activities.

He said he would hold an urgent dialogue with the plantation and logging companies to the discuss the matter.

Ngau also announced that the Barisan Nasional is going to set up a taskforce again to look into the plight of the Penan women to show that the government is serious in fighting against rapes involving Penan women and girls.

Voon said: “Our question is - is there a necessity to set up another taskforce upon another taskforce when rapes are still continuing and ruining the lives of the Penan girls and women?

“Have the government intervened yet to see to the prevention of the crimes inflicted upon them?” she asked.

The government, she said, should have looked into suggestions and recommendations made by various taskforces when the issue of rapes surfaced three years ago.

Voon said that the Penan rape issue is not about prosecuting the culprits only, it is about making the right the system and structure in respect of transportation for the Penan children, looking into the logging activities, the impact of the influx of male workers, on the living conditions of the native community, their women and children.

“It also includes how to provide for the survivors of rapes and the children born out of the rapes,” she added.

“All the recommendations outlined to reduce the vulnerability of the Penan community and to improve on the living conditions are contained in the two taskforce reports.

“These reports have been delivered by us to Shahrizat Abdul Jalil, (Minister of Women, Family and community Development), Alfred Jabu, (Deputy Chief Minister), James Masing, (Land Development Minister), Rosmah Mansor, (wife of Prime Minister), Fatimah Abdullah, (minister in the chief minister department), women bureau and even to the education department.

“It is the inaction of the government that allows rapes to continue to plague the Penan community,” Voon said, calling on the government to act on the matter immediately.

“PKR women challenge Dennis Ngau to bring up the issue in the coming sitting of the state assembly,” she said.

Meanwhile, Nurhanim Mokshan, head of Sarawak PKR women wing criticized Fadillah Yusof, Parti Pesaka Bumiputra Bersatu (PBB) youth chief for his failure to look into the plight of the Penan women and girls who complained of being raped again and again.

Fadillah was the one who promised to set up a taskforce to collate information about the alleged rapes of Penan women and girls in an effort to assist police to prosecute the culprits.

He had said that the PBB youth was informed by the police that action could not be taken after the issue because the non-governmental organisations (NGOs) who highlighted the issue did not want to share their information.

He also said that these NGOs claimed to have the details but they did not want to share their findings with the police, so it was difficult for the police to act.

In view of that, the PBB youth wing had decided to form a fact-finding taskforce.

“If we found out that there are evidences that such incidents did happen, I myself would lodge a Police report,” said Fadillah, who is also deputy minister of Science, Technology and Innovation.

Commenting on Fadillah’s remarks, Nurhanim asked: “Why are rapes continuing to happen again and again?

“What are the police doing about it?” she asked.

“I also want to know the progress report of Fadillah’s taskforce. We have not heard anything at all about his taskforce,” she said, asking Fadillah to walk the talk.

Expressing her regrets, she said that another rape case has been reported and she wanted to know what action is Fadillah’s taskforce is doing about it.

“We want Fadillah to answer it. He is the one who pledged to do it,” she said.

She said that PKR on its part had submitted memorandum to various authorities including Rosmah Mansor, wife of the prime minister.

"It is most regrettable that until today nothing has been done about the plight of the Penan women and girls. After all, the Penans are also Malaysian citizens and they too need police protection,” Nurhanim added.

Double summonses from the Police

On the night of 2 April 2010 between 8.00 pm and 10.00 pm I and my two sons were forced to park our cars along the roadside leading to the Spring as all the car parks were full that night. There were hundreds other cars parked outside.

It was the Good Friday night when many people went to the Spring after the prayers to do some shopping or to have some foods and drinks.

After food we returned and found that hundreds of cars were issued with traffic summons. My car and the cars of my two sons were also not spared.

Two days later I met my friend, a traffic officer who is the Head of Traffic based at the Police Headquarters, Kuching telling him of our little “problems” that we were forced to park our cars along the yellow line as the car parks were full that night.

“Why don’t you pass the summons to me so that I can help you reduce the fines?” the Police Officer told me.

Paying the fine is not a problem. It may cost us between RM50 and RM70 each.

“So why not!” I said to myself. After all, I know the Police Officer very well since the time he was still the Inspector.

Secondly, it has been a long time I have not stepped foot into the Police Headquarters where I worked for 22 years and 10 months. Going to the Police Headquarters would fill me with feelings of nostalgia.

Three days later I went to see him armed with a letter seeking for the reduction of fine. That was the usual practice.

After handing over the three summonses and the letter, he told me that he would keep them and let me know in a couple of days.

I would have thought my friend would state the amount on the summonses and return them to me for me to settle at the Simpang Tiga Police Headquarters.

I queried him why he has to retain the summons. His reply was that he has to enter into the system. During our time before, once the person brought the summon to a traffic officer, he would sign and state the amount in the summon. The officer would tell him to go to Simpang Tiga to pay the fines.

Three weeks later all the three of us received registered letters; two letters were addressed to our homes and another to son’s office as the car he used was the company’s car.

In each of the registered letters, there was another summon using Borang (Kaedah 5) accusing us “of reasonably suspected of having committed an offence under the Road Traffic Act 1987 (Act 333)” demanding us to pay the fines of RM30.00 within the stated time. We are again required to supply the driver’s particulars to the Police.

The letter was signed by Dato’ Abd. Aziz bin Yusof, SACII, Ketua Traffic Pasukan, Ibu Pejabat Polis, Bukit Aman.

Firstly, the Police Officer should not have sent the registered letter to the registered address of the car. In the case of one of my son, the address of the registered car is at the office where he works, because the car is a company car.

In that case, why should the Police demand us to give them the address stated in the driving licence?

Further more using registered letter will complicate things further. In my case, and in the case of my son, both of us were not in the house when the registered letters arrived. So the postman left note and asked us to pick the letter from the General Post office.

What the Police should have done is to send the letters using “On Government Service” envelopes. Common sense!

Any way let us learn two or three lessons from our experience.

(i) It is a waste of our time to appeal for the reduction of fines. Just go to Simpang Tiga and pay the fines whatever are the amounts.

(ii) The “new” Police traffic system will cause a lot of delays. No wonder there are thousands and thousands of unpaid traffic fines.

(iii) The “new” system makes small things big and troublesome.

(iv) It is high time that the traffic police use ICT so that traffic offenders can pay the fines “on line”. In this case, it is paperless.

(v) It appears that the Police are too detailed and concerned in dealing with minor traffic offences. There are bigger things they should do such as solving murders, robberies, snatching thefts, rapes, drug trafficking, and etc. - The Broken Shield

Source: www.thebrokenshield.blogspot.com

Reporters snubbed at CM press conference

Today (23 April 2010) should have been a happy day for PATA (Pacific Asia Tourism Association) conference when the Chief Minister Abdul Taib Mahmud personally opened it at the Borneo Convention Centre Kuching (BCCK), but for a small incident that happened before the press conference.

The conference attended by more than 160 delegates throughout the pacific region will end on 27 April.

After the opening ceremony, the chief minister was supposed to meet some 30 members of the Press. While waiting for the chief minister to come, the pressmen had already seated themselves in the front, second and third rows of the chairs. A protocol officer by the name of one Junaidi told the reporters to leave the first three front rows empty so that VIPs could sit down listening to Taib talking to the Press people.

The reporters felt insulted and left the room and went outside. Later another protocol officer came looking for the Press people saying that the chief minister was waiting for them. But none of the reporters returned to the Press conference room. I am sure the chief minister must have felt awkward about the absence of the Pressmen. I am sure the organisers of the Press conference also felt likewise.

I remember in the 1970s when the Pressmen were insulted at a Police Mess function, which was attended by the Governor of Sarawak. The Pressmen were invited to cover the event, but there were no tables and chairs for them. They were told that foods and drinks would not be served to them. Embarrassed the reporters left the Mess function and walked out in full view of the Governor.

For six months or so, the reporters boycotted any news about the Police. They only wrote news that was critical of the Police.

During the time of Tunku Abdul Rahman as Prime Minister, the Press people were treated like VIPs. Usually in his function, Tunku Abdul Rahman made sure the tables number three, four and five be given to the Press people.

Nowadays VIPs, ministers, politicians, government officers and company directors take lightly the role played by the reporters and newspapers in our society. In fact every ministry or government department or big organisation should have a Press Liaison Officer or Public Relations Officer whose job is to deal directly with the Press.

Following the incident at the Police Headquarters, the Police realised the important role the Press played in the efforts to combat crime. So starting from September 1975, the Police started to have a Press Liaison Officer (PLO).

I was fortunate to be the first PLO with the Police department (after the ugly episode mentioned above), and during my time relationship between the department and Press was at its best in the next 20 years.

The PATA incident should therefore be a lesson to all. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Neutrality of Police questioned

Are the police siding timber or oil palm companies in any dispute between the companies and the poor rural people?

This was the question that was posed during the first Dayak symposium held on 31 January 2009 in Sibu where some 200 Dayak professionals, intellectuals, pensioners, NGO leaders and community leaders were present.

In a paper presented to the symposium, Paul Raja, a leading NCR land lawyer, said that in the event of conflicts between the natives and timber companies, the natives could not do much because the companies had the entire government machinery to support them.

“The natives are only watching helplessly the timber companies plundering their timber wealth found in their native customary rights lands. They can’t do much.

“The police are always siding with the companies in the event of conflicts. The natives who lodge reports of abuse and trespass on their lands are either turned away from the police stations or no action at all is taken by the police,” Paul said.

On the other hand, when the companies made police reports, most of the time, false reports of purported criminal intimidation, the police sprung into action instantaneously and arrested anyone mentioned in the reports.

“This is a common tactic used by timber and oil palm companies to subdue any resistance from the natives. This has become so common that the natives are reluctant to lodge police reports against companies encroaching into their lands because they are well aware that lodging police reports do not make any difference at all. In short the people do not trust the police and the government authorities,” he said.

Paul also said that the Forest department and the Land and Survey Department were equally unhelpful to the natives who viewed the relevant government departments as “only serving the companies and the government but not the people”.

He went on to say that to compound the natives’ miseries, most of the time, the people who were being used as front men to subdue and subjugate the natives in collusion with the government departments were shadowy figures from the underworld.

The climax of this modus operandi was at Batu Niah resulting in a murder incident, he said, alleging that it was also normal for a government department to be used by a private company to enforce a civil claim in the event of disputes with the natives.

The Police, Land and Survey Department and the Forest Department were the usual enforcement agents used to enforce claims over NCR lands. The shooting of the villagers by the Police at Tinjar oil palm estate was an example of many such cases.

Paul suggested that “all forest and timber found on native customary rights lands shall belong to the land owners who shall be authorized to cut, sell and trade in the forest produce or timber in accordance to the regulations established by the Native Land Council.

In addition to that permit from the Forest Department may be required for the purpose of facilitating the transaction with no restriction. There shall only be minimal administrative fees.” - The Broken Shield

(Note: This is the last article on the Dayak Symposium)