Any inaction by the police against its officers investigated for the murder of three suspected robbers in Durian Tunggal, Malacca, will strengthen impunity within the force, a lawyer said today.
Rajesh Nagajaran claimed that an example of such impunity or a sense of “getting away” without repercussion for an alleged breach of procedures is the latest incident involving a police officer stepping on a man’s head in Kulim, Kedah.
“When officers believe they will not be held meaningfully accountable, for example, in the Durian Tunggal case, the line between lawful force and abuse collapses.
“Stepping on an individual’s head is not policing - it is pure violence,” Rajesh (above) stressed.
Earlier today, Home Minister Saifuddin Nasution Ismail ordered an immediate investigation into the Kulim incident, based on a 29-second video clip on social media that showed two police personnel and a man being pulled off his motorcycle.

One of the police personnel was seen in the video stepping on the man’s head after he fell off his motorcycle.
Kulim police subsequently confirmed the incident but clarified that it occurred during a crime prevention operation, and that the suspect, who tested positive for drugs, had allegedly resisted arrest.
Real consequences
Commenting further, Rajesh said, “Are the public safe from the police? Where are our constitutional protections against arbitrary and excessive state power?
“A swift investigation is necessary, but that alone is not sufficient; what the public wants is real consequences.”
He also insisted that even a high level of public pressure has not expedited action in the Durian Tunggal case, with no further developments after nearly five months since the fatal shootings.
“Their (police) ally is the passage of time. As time goes on and on, people will forget, other issues come up, and they will just keep quiet.
“That’s exactly what they are doing, even in a matter as high profile as Durian Tunggal, when there is an audio recording of the police shooting,” he said.
On Nov 24, the police shot and killed three men, aged between 24 and 29, after one of them allegedly used a machete to attack a police officer in an oil palm plantation in Durian Tunggal.
Malacca police chief Dzulkhairi Mukhtar at the time defended his team’s actions, alleging that the incident caused a corporal, in his early 30s, to suffer severe injuries to his left arm.

The victims’ families have denied the allegations, prompting the police to form a special task force to investigate the incident.
On Dec 16, the Attorney-General’s Chambers reclassified the incident as a murder case after examining police reports.
Bukit Aman Criminal Investigation Department director M Kumar said on Dec 29 last year that the police officers involved have been removed from active duty amid ongoing investigations.
Durian Tunggal updates
Quizzed on updates to the Durian Tunggal probe, Rajesh said he was informed as of three weeks ago that police are still waiting for a post-mortem report of the victims before proceeding with further actions.
“This itself to our mind is absolute nonsense because the post-mortem is not a prerequisite for you to bring charges.
“So why are the police saying they need to wait and look at the post-mortem report? It’s completely irrelevant,” he stressed.
Rajesh said in normal murder cases, the person is immediately arrested, remanded, and charged, while everything else comes later.

“In the Durian Tunggal case, the murder occurred in November last year; now it is April, and they are still sitting on it? It is completely unacceptable.
“We are very disappointed that the police and the AGC still have not charged the police officers involved in this murder.
“We hope charges will be brought as soon as possible because the credibility of the police is at stake here,” he added. - Mkini

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