PKR MP: No such thing as 'case settled' when it involves assault

There is no such thing as “settling” a criminal case just because the complainant said so, according to PKR lawmaker Hassan Abdul Karim.

The lawyer explained that when a police report is lodged, it is called the first information report.

Hassan said upon receiving the report, if it is a physical assault that falls under the Penal Code, it is the police’s duty to call up the alleged assailant for questioning.

“The police must also send the victim to a nearby government hospital for the injuries to be assessed.

“The police need to open an investigation paper and record the assailant’s statement under Section 112 of the Criminal Procedure Code (CPC),” he said in a statement today jointly signed with an anonymous lawyer.

Even if the victim withdraws the initial police report or lodges a second police report claiming the case is resolved, Hassan said police action will not be halted.

Legal sovereignty

It is the police discretion whether to pursue an investigation or not.

This is unlike civil law cases where a victim of tort may choose to discontinue civil action against their assailants.

“This is the legal position under the rule of law or the legal sovereignty system in our country, Malaysia.

“Under Article 8 of the Federal Constitution, equality is guaranteed to every citizen under the law.

“Whether the perpetrator is a superior or a personal officer of a superior, even if they are serving as officers or personal guards of royal family members or serving with the king or sultan ruling the state or the Yang di-Pertuan Agong, crimes against ordinary citizens, especially vulnerable groups like the disabled, cannot be taken lightly,” he said.

The Pasir Gudang MP’s comments came on the back of an alleged assault of a person with disabilities by the bodyguard of a royal household.

Kuala Lumpur police chief Rusdi Mohd Isa revealed that the victim of the assault has since lodged another report to state that he does not want to prolong the matter.

According to him, the 46-year-old e-hailing driver filed the new report at 9.45pm last night.

“(The report) stated that the issue has been resolved amicably and he did not want to prolong the matter,” he added in a statement.

According to the new report, the incident occurred due to a misunderstanding over instructions given when moving a vehicle.

Although Rusdi did not mention the names of those involved, it is believed that he was referring to the allegation that the bodyguard of Johor regent Tunku Ismail Sultan Ibrahim had assaulted the man at a hotel in Brickfields, Kuala Lumpur. - Mkini