The prime minister’s call for the police to conduct a transparent probe into the shooting of three men in Durian Tunggal, Malacca, suggests there are systemic failures within the force, which are left unaddressed, said Counsel Rajesh Nagarajan.
“With respect, the prime minister’s directive is unnecessary and somewhat misleading. Every investigation into a police shooting should already be transparent.
“If the government feels compelled to repeatedly remind the police to be transparent, that suggests a systemic failure that has still not been addressed,” he told Malaysiakini.
Rajesh is one of the lawyers representing the victims’ families.
Yesterday, the victims’ families personally submitted the full audio recording of the incident to Bukit Aman, claiming that no investigating officer had contacted them for it, despite lodging police reports.
According to another lawyer, N Surendran, the audio, which was recorded by the wife of one of the victims, is critical evidence that captures the final moments before the men were shot dead on Nov 24.
“This recording is unedited. It was recorded by Jayashree (one of the victims' wives) herself.
“It is extremely important evidence. However, the families were forced to come to Bukit Aman because no police officer came to ask for the audio recording.
“And there has been no communication between the police and the families about what happened, despite being informed since last Wednesday,” Surendran told reporters outside Bukit Aman.
Detailed report
A day earlier, Prime Minister Anwar Ibrahim said he had instructed Inspector-General of Police Khalid Ismail to conduct a transparent probe into the case.
Buletin TV3 reported that Anwar also asked Khalid to submit a detailed report on the incident to Home Minister Saifuddin Nasution Ismail.
“I have instructed the IGP to carry out an investigation in a transparent manner and not to protect anyone,” he added.
Taking Anwar to task, Rajesh said the public demands accountability over the incident, not mere political statements.
He pointed out that when it comes to such cases, the problem has always been a lack of action, not instructions.
And despite Bukit Aman taking over investigations, Rajesh pointed out that based on history, police shooting cases in Malaysia have rarely resulted in accountability.
“The institutional reflex is to be defensive. The public perception - and frankly, the track record - does not inspire confidence in an outcome that is truly independent or impartial.
“At this stage, the priority is not another internal report. It is determining whether the officers involved used unlawful lethal force, and if so, the next step must be a prosecution,” he added.
RCI not a good idea
Whether the government should establish a royal commission of inquiry (RCI) to investigate the case, Rajesh replied that the idea might not be helpful.
He said that RCIs tend to be lengthy and broad, with the commission usually giving recommendations rather than pursuing prosecutions.
“The families are not asking for another commission or another report; they are asking for justice.
“If there is evidence of unlawful killing, the correct response under the law is not an RCI, it is to charge the officers under Section 302 of the Penal Code (for murder).
“Anything else risks delaying or diluting accountability,” Rajesh added.
The counsel also said that based on existing evidence, it was clear that the men had been subjected to an “execution-style killing.”
“The legal path is very clear. The officers involved must be arrested, investigated as criminal suspects, and charged accordingly.
“We don’t need another cosmetic probe. We need a commitment to the rule of law.
“And the rule of law says that if a homicide is unlawful, the perpetrators must face Section 302 without fear or favour,” Rajesh added.
‘No choice but to open fire’
Malacca police chief Dzulkhairi Mukhtar earlier claimed that his team had no choice but to open fire at the men, aged between 24 and 29, after one of them swung a machete at a police officer at a palm oil plantation in Durian Tunggal.
The incident, which occurred at 4.30am, allegedly caused a corporal, in his early 30s, to suffer severe injuries to his left arm.
However, the family's lawyers completely rejected the police's version.
According to the lawyers, the audio recording indicates that the men were already in police custody for more than 10 minutes before they were shot and killed. - Mkini
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