KOTA KINABALU: Putrajaya needs to redraft the Independent Police Complaints of Misconduct Commission (IPCMC) Bill as the present regulations in the law are too draconian, Sabah police commissioner Omar Mammah said today.
There are legal, constitutional, welfare and logistical aspects in the bill that need further refinement as some issues violate the rights of the police officers and are unfair, he said.
“The Sabah police force, in general, agrees with the inspector-general of police to support the bill but there are certain requirements that need to be met first.
“For instance, the bill proposed that the IPCMC will have the authority to accept complaints, carry out probes and also mete out punishment.
“There’s obviously no separation of powers and this is against the standard practice of law in the country,” said Omar after attending the IPCMC consultation held at the Federal Administrative Complex here today.
Present were IPCMC Parliamentary Select Committee chairman Ramkarpal Singh and other panel members.
Omar said the present practice involves investigations by the police, the office of the attorney-general to decide on the prosecution and the courts to mete out the punishment.
“It is our hope that this bill will be revised and redrafted. Too many sections in the bill are quite unacceptable,” he said.
Omar said the IPCMC also violates certain rights. He noted a suspect can choose to stay quiet when answering questions from the police if he feels the response would deny him a fair trial later.
Omar said the present laws provide such provisions but not so under the IPCMC.
“Under IPCMC, they must respond and if they refuse, they face a jail sentence or can be fined up to RM10,000.
“It’s disappointing as the police officer will already be penalised even before the investigation.”
Earlier during the consultation, several senior state police officers also came forward to express their unhappiness over the bill.
A senior officer, Tan Bon Sing, said the IPCMC does not have checks and balances to keep the commission in line later.
Another police officer noted that the millions of ringgit to run the IPCMC could be better spent on improving the welfare of the police officers.
The IPCMC consultation in Kota Kinabalu is the fourth and final consultation to be held outside of Kuala Lumpur.
A total of 140 individuals, NGO members and members of the police force had registered for the final consultation here.
On Oct 7, the Dewan Rakyat decided to send the IPCMC Bill to a select committee for deliberation after many MPs voiced strong opposition to it.
De facto law minister Liew Vui Keong, who had tabled the bill, dismissed claims that the government had hurried with the drafting of the bill, saying it had taken its time and consulted scores of senior police officers.
Liew said the present Enforcement Agency Integrity Commission (EAIC), tasked with taking care of more than 20 enforcement agencies, had been seen as ineffective it could only recommend punishments to the police disciplinary authorities.
Meanwhile, Nelson W Angang, the secretary-general of the Sabah-based United Pasok Momogun KadazanDusun Murut Organisation (Upko), said further amendments to the bill were necessary.
He said he had seen police officers forced to buy their own equipment to carry out their duties throughout his years as a lawyer.
Angang said a police force that was well-equipped could upgrade its performance. - FMT
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