Lawyer repeats call for arrest of cops in Durian Tunggal shooting

Rajesh Nagarajan says the fact that forensic or ballistic reports are pending does not suspend the application of ordinary criminal procedure.

Lawyer Rajesh Nagarajan warned that public confidence in the investigation would depend on the consistent application of the law.

PETALING JAYA:

 A lawyer representing the families of three men shot dead by police in Durian Tunggal, Melaka, has reiterated their call for the officers involved to be arrested.

Rajesh Nagarajan said the Attorney-General’s Chambers’ reclassification of the case as murder under Section 302 of the Penal Code necessitated the full use of criminal procedures applicable to homicide.

“Notwithstanding this, no police officer involved has been arrested or remanded or even suspended. They have merely been removed from active duty,” he said in a statement.

He also pointed out that Melaka police chief Dzulkhairi Mukhtar had made public statements against a key witness despite the ongoing probe by Bukit Aman.

“No action has been taken against him and no explanation has been forthcoming from the inspector-general of police or government,” Rajesh added.

Yesterday, home minister Saifuddin Nasution Ismail said the investigation into the case was ongoing, with police awaiting forensic and ballistic reports.

Saifuddin sought to assure the public that the government would ensure transparency in the probe to ensure justice and preserve public trust in enforcement agencies.

Rajesh said the fact that forensic or ballistic reports were pending did not suspend the application of ordinary criminal procedure, nor did it justify differential treatment of suspects.

“Forensic analysis is an evidentiary tool. It is not a condition precedent to arrest, nor a substitute for custodial investigation and to suggest otherwise risks creating an exception to the law where police use lethal force.

“In a standard murder investigation, suspects are detained to facilitate investigation, preserve evidence, and ensure accountability. The absence of these measures in this case is without explanation,” he said.

Rajesh warned that public confidence in the investigation would depend on the consistent application of the law, and that until the law was applied without distinction between civilian and police suspects, assurances of due process would remain insufficient.

Earlier this month, the families of the three men handed over a memorandum to Inspector-General of Police Khalid Ismail outlining five demands, including action against policemen involved in the shootings.

They demanded the arrest of the police officers involved; their suspension pending the ongoing murder probe; the transfer or suspension of the Melaka police chief; an investigation into allegations that evidence was destroyed; and an investigation into allegations that false statements were made. - FMT