Gospel concert: Uphold equal treatment, impartial law enforcement

 

MP SPEAKS | A police report is information requiring assessment. It is not proof that an offence has occurred or that any person is guilty.

The two reports concerning the proposed Christian gospel concert therefore do not, without further evidence, establish that the proposed event is unlawful or that the organisers or performer have committed any wrongdoing.

The police may open an investigation where the information received discloses a possible offence or otherwise warrants further inquiry under the law. An investigation is a fact-finding process, not a finding of guilt.

On Sept 28, the Sabah police commissioner reportedly said that two reports had been received concerning the concert. No investigation paper had been opened at that time, although the police were monitoring the matter, recording statements and considering whether to advise postponement on public-sensitivity and public-order grounds.

Such advice is distinct from an investigation or enforcement action. A security assessment considers whether identifiable risks to public safety or order exist and whether they can be managed through lawful and proportionate measures. It does not, without further findings, establish that an event is unlawful.

Separately, police confirmed receiving 86 reports concerning remarks about a priest and a nun made by Sepang Umno division chief Noorazli Said. An investigation was opened, and statements were reportedly recorded from 93 witnesses.

Noorazli (above) subsequently apologised for the remarks. That apology is relevant context and should be acknowledged, although it does not by itself determine the legal outcome of the investigation.

These matters may involve different facts, laws, evidence and security considerations and should be assessed separately.

The number of reports alone does not establish inconsistent treatment. One report may disclose information requiring investigation, while multiple reports may concern the same incident or repeat substantially the same allegations. Law enforcement cannot be judged solely by comparing report numbers.

Merits of the case

Nevertheless, the public is entitled to understand the standards applied. Consistency does not require identical outcomes in different cases. It requires the same commitment to legality, evidence, procedural fairness and objective reasoning, with material differences explained where possible and lawful.

Article 8(1) of the Federal Constitution provides that all persons are equal before the law and entitled to the equal protection of the law.

This guarantee does not require every case to be handled identically. It requires that distinctions in treatment be based on relevant and lawful differences rather than arbitrariness, discrimination or improper considerations.

Every report should therefore be assessed according to its facts and the applicable law, regardless of political affiliation, religion or community.

Political affiliation must neither shield anyone from lawful scrutiny nor expose anyone to heightened scrutiny. Likewise, a religious gathering should not face greater scrutiny merely because objections or reports have been made.

The authorities should distinguish between:

• Receiving a report;

• Assessing whether it discloses a possible offence or requires further action; opening and conducting an investigation;

• Carrying out a security or public-order assessment; and

• Taking enforcement or prosecutorial action where the applicable legal requirements are satisfied.

A report is not an investigation; an investigation is not proof of guilt; and a security assessment is not proof of illegality.

Enforcement action or prosecution must be based on the applicable law, relevant facts and evidence sufficient for the decision in question - not merely on the existence of reports, public pressure or controversy.

Not just about public sensitivity

Because the proposed event is a Christian gospel gathering, any restriction may also engage the freedom to profess and practise religion under Article 11 of the Federal Constitution.

This does not exempt the event from lawful regulation, but it requires any restriction to rest on clear, lawful and proportionate grounds.

The organisers must comply with all applicable licensing, immigration, venue, safety and crowd-management requirements.

Any decision to impose conditions on, postpone or prohibit the concert must be authorised by law and based on specific and credible security, public-order or other lawful considerations.

Public sensitivity may legitimately inform operational planning and security precautions, but it should not operate as a free-standing veto.

Any recommendation to postpone or prohibit an event should be connected to a lawful power, an identifiable risk and an assessment of whether less restrictive measures would be sufficient.

The existence of two reports should not automatically determine the outcome for an event that otherwise satisfies all applicable legal and regulatory requirements. Where genuine risks are identified, the authorities should explain them as clearly as legally and operationally possible and consider whether appropriate safeguards or conditions can adequately address them.

Any restriction should be no broader than reasonably necessary to address the identified risk.

I therefore call upon the police and other relevant authorities to clarify, as far as legally permissible, the present status and general legal basis of action in both matters. Such disclosure must not compromise an ongoing investigation or operational security.

Police reports initiate an assessment; they do not determine its outcome. Sabahans are entitled to one evidence-based standard of law enforcement - applied impartially, without political favour, religious prejudice or surrender to public pressure. - Mkini

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WILFRED MADIUS TANGAU is Tuaran MP and Upko honorary president.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.