Lawyer: Why PCA not used before EO repeal?

Following the furore over the perceived hike in crime and allegations that former Emergency Ordinance detainees are behind it, a senior lawyer has questioned why authorities had not previously used provisions under the Prevention of Crime Act 1959 (PCA) to prevent it.

Former Bar Council president Khutubul Zaman Bukhari said besides the PCA, the Penal Code, which had seen amendments, can be used against the hardened former EO detainees if police are certain they would return to crime.

He told Malaysiakini there are ample provisions within the PCA and Penal Code to address this, and there is no need to revive the old EO laws or have new preventive legislation to replace it.

Kuthubul, who is also a human rights watchdog Proham exco member, said the real question, therefore, is why the police had not use the PCA and Penal Code on former detainees before they were released.

“That is the question that I and the media should ask the police, that despite the EO being repealed, there are other existing provisions like the PCA and new amendments in the Penal Code which could have been used then and thrown against them before they were released to deter crime.

“In fact, the PCA was used before the EO... However, when the EO emerged, the police preferred to use it as it provided detention without trial and only requires the permission of the minister and the police to detain them (suspects).”

PCA follows 'proper procedures'
It was estimated that 2,600 EO detainees from Simpang Renggam were released in 2011 after the repeal of the ordinance following Prime Minister’s Najib Abdul Razak's announcement.

The PCA, Kuthubul explained, follows more proper procedures where suspects would have to be produced before a magistrate to be remanded and for the detention to be extended.

“There will be due process (of the law) as the suspects will have to be brought before a judicial officer to be assessed on whether police’s demand for an extension is warranted. There will be less opportunities for abuse compared to the EO,” he opined.

Kuthubul said under the PCA, the remand can be extended to a period of 71 days but is staggered with the first 24 hours, with the suspect having to be first produced before a magistrate.

This is followed by 14 days, then 28 days and finally another 28 days extension.

He agreed that the 71-day period is for the police to complete investigations and suspects are also allowed to raise the matter of prolonged remand in an inquiry.

“By then the police should wrap up its investigations and charged them (suspects) in court for the related offence,” he said.

Kuthubul added the PCA also allows a person be placed under restricted residence for five years in a new town, and this order is renewable. 

The senior lawyer, who had last month presented on the PCA at Universiti Malaya, said the  law covers detention of suspected members of unlawful societies, triad, secret societies, drug traffickers, human traffickers and illegal and unlawful gambling.

Other provisions in Penal Code

Kuthubul also pointed out that if certain provisions are not covered in the PCA, amendments in the Penal Code are sufficient to cover other offences.

The amendments in the Penal Code cover areas of terrorism, offences against the state, being a member of a criminal group, financing of terrorist group, or those involved in serious crimes, defined as those punishable for a term of 10 years'.

With this, the former Bar Council chairperson pointed out that there are sufficient existing legislation without the need to enact new ones.

Yesterday, Inspector-General of Police Khalid Abu Bakar (right)renewed calls for such new legislations, or the revival of the EO and the Internal Security Act, also repealed.

In response, Kuthubul said to effectively handle serious crimes, police would need to be more critical in their investigation, thoroughly collecting relevant evidence and effectively prosecuting the offenders.

With existing laws such as the PCA, he said police should be able to gather evidence for a successful prosecution.