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Saturday, October 17, 2015

Police will gain public trust if laws enforced fairly, say lawyers

Civil right lawyers are saying that the police are suffering a trust deficit among the public after arresting two men under Sosma. – The Malaysian Insider filepic, October 17, 2015.Civil right lawyers are saying that the police are suffering a trust deficit among the public after arresting two men under Sosma. – The Malaysian Insider filepic, October 17, 2015.
The police will find it difficult to convince the public that Malaysia is being threatened by the Isis millitant group so long law enforcers are perceived as abusing laws, civil rights lawyers said.
They said police would only earn public trust, including from opposition lawmakers, if they enforce laws independently, transparently and fairly.
Lawyer Syahredzan Johan (pic) said the fault did not solely rest with the police but also Parliament for passing laws with insufficient scrutiny.
"As law enforcers, the police are now suffering from trust deficit as legislation to check on terrorism is being abused."
Syahredzan said he believed that Isis would be a threat to national security and public order if police did not take pro-active steps to curb their influence.
But sadly, he said, the public have a negative perception of the police, especially in the arrest and detention of Datuk Seri Khairuddin Abu Hassan and his lawyer Matthias Chang under the Security Offences (Special Measures) Act 2012 (Sosma).
Syahredzan said this in response to Inspector-General of Police Tan Sri Khalid Abu Bakar's lament that many Malaysians including some legislators still did not believe in the Isis threat.
"(They think) the Isis threat is part of a government drama and a farce," Khalid said, adding that the police had invited legislators for a closed door briefing for better understanding.
He said Malaysia also had enough laws to deal with terrorism including Sosma and Prevention of Terrorism Act 2015 (Pota).
Khairuddin and Chang were charged with attempting to sabotage the Malaysian economy and finance but police have classified the case as a security offence.
Prosecutors intend to use Sosma procedures, instead of provisions in the Evidence Act 1950 and Criminal Procedure Code, to prove their case.
Both have also been denied bail and currently held in prison.
Lawyer Joshua Tay said by no stretch of the imagination could the duo's action to lodge reports with foreign investigation agencies on alleged money laundering and corruption be described as sabotaging Malaysia's banking and financial system.
Tay said this was a classic case where public confidence on the police force had been further eroded as the law was wrongly applied for unknown reasons.
"The accused will be deprived of a fair trial when prosecutors rely on Sosma to prove their case."
Lawyer S.N. Nair said the police force over the last 15 years have created a trust deficit in the minds of the public.
"Enforce the law impartially to win the minds and hearts of the people and this will surely guarantee results," said Nair, a former police officer who had also served in the Special Branch.
As such, he said there needs for serious reformation and transformation of the leadership of the police force to restore "credibility of the good old days".
- TMI

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