Two NGOs have called on the government to immediately amend the Prevention of Crime Act (Poca) 1959 to enable the police to curb commercial crime activities more effectively.
The NGOs - Malaysia International Humanitarian Organisation (MHO) and Malaysian Community Crime Care (MCCC) - hope that stricter laws will help the police ensure that those involved in commercial crime activities receive the punishment they deserve.
MHO secretary-general Hishamuddin Hashim (above) said the police face difficulties in obtaining evidence to bring perpetrators to justice, such as involving Section 4 of Poca, which touches on remand orders and detention periods for individuals arrested under this law.
“It’s actually difficult for the police to track down the masterminds because these syndicates use proxies or nominees who don’t have any assets or don’t care about facing risks or civil suits. So that’s why, when you want to make an arrest or money trail, it’s difficult to prove the main criminals.
“From the investigation point of view, the law that exists today does not seem to be in favour of the police, thus affecting the victims. Unlike drug cases, where there are Special Prevention Measures, this commercial crime is quite slow; perhaps related to the Evidence Act 1950,” he said.
Hishamuddin told reporters this after paying a courtesy call to Bukit Aman Commercial Crime Investigation Department deputy director Muhammed Hasbullah Ali and presenting 200 police reports by Zutello investment scam victims in Kuala Lumpur yesterday.
He further said the time has come for the country to have stricter laws to prevent more people from falling victim to syndicates.
Meanwhile, MCCC president Musa Hassan, who was present during the courtesy visit, said he would bring up the matter with Home Minister Saifuddin Nasution Ismail and Attorney-General Idrus Harun.
‘Police only conduct investigations’
Asked why many scam cases ended with civil suits, Musa said that it was, sometimes, due to a lack of evidence.
“Police only conduct the investigations and whether the case will be charged in court is at the AG’s discretion. Sometimes, when it reaches the AG, it is found that there is a lack of solid evidence, and the case fails to be brought to court.
“That is why we need preventive laws to bring these syndicates to justice because their leaders are not directly involved. The victims also never met with the syndicates’ masterminds,” Musa said.
In April last year, the Federal Court ruled that the entire Section 4 of Poca 1959 was unconstitutional and advised that all arrests made by the police under the act be postponed until a date to be announced later.
- Bernama
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