Instead of an IPCMC “lion”
with teeth and claws, a toothless and clawless SCC mouse has been produced
wasting four years of Abdullah premiership: Parliamentary Roundtable on
Friday 28th December
by Lim Kit Siang
The Parliamentary Roundtable on
the Special Complaints Commission (SCC) Bill – the fake Independent Police
Complaints and Misconduct Commission (IPCMC) – will be held in Parliament
House next Friday, 28th December 2007 at 9.30 am. Instead of the
originally announced Thursday, 27th December.
This is because on Thursday, 27th December 2007, I will be in Shah Alam
Sessions Court for the sentencing of the Batu Caves 26 for unlawful
assembly and causing mischief charges.
Although the ludicrous “attempted murder” charges against the 31 – and the
manhunt for at least another 30 on a similar charge of attempted murder of
a cop – had been dropped, the ordeal of the total of 403 days which the 31
had to spend under incarceration in prison (i.e. 13 days each) as they
were not allowed bail, is an unforgettable experience for the 31 who were
innocent of the attempted murder charge and a blot on the system of
administration of justice in Malaysia!
I will be at the Shah Alam Sessions Court on Thursday as a sign of
solidarity with the Batu Caves 26 (as charges against five students had
been withdrawn) and well as a gesture of protest against the system of
justice which could deprive a total of 403 days of freedom from 31
Is the Attorney-General Tan Sri Gani Patail prepared at minimum to
publicly tender a public apology for the 403 days of incarceration he had
caused the Batu Caves 31 when was a clear abuse of his discretionary
prosecutorial powers – not to mention the sufferings he caused the
families concerned as well as hardships for those who lost their jobs as a
result of the unjust incarceration?
Invitations to NGOs and NGIs, as well as the 16 Commissioners of the Royal
Police Commission, to the Parliamentary Roundtable on the SCC Bill next
Friday are in the process of being sent out.
Instead of an IPCMC “lion” with teeth and claws, a toothless and clawless
SCC mouse has been produced wasting four years of the Abdullah
premiership, making a total mockery of Abdullah’s pledge to reform the
police and the Royal Police Commission Report with its 125 recommendations
to create an efficient, accountable, incorruptible and professional
world-class police service to keep crime low, eradicate corruption and
uphold human rights.
The challenge facing all NGOs, NGIs and Malaysians concerned about the
unchecked breakdown of law and order with the rise of endemic crime in the
country is how to salvage the original IPCMC proposal of the Royal Police
Commission in the face of relentless opposition by the police and the lack
of political will and authority of the Prime Minister who is also Internal
The Police have won its battle to water down the IPCMC proposal of the
Royal Police Commission, to the extent that the Inspector-General of
Police is to become a permanent member of the SCC when the Royal Police
Commission had barred serving or former police officers from being
appointed as IPCMC commissioners.
All the international best practices in other advanced countries for an
effective oversight mechanism over police conduct are for it to be
completely independent, excluding all police participation.
The United Kingdom Police Reform Act 2002, for instance, provides for the
appointment for a Chairman and not less than ten other members of the
Independent Police Complaints Commission (IPCC). It provides that no
person who “holds or has held office as a constable in any part of the
United Kingdom” or “is or has been under the direction and control” of a
chief police officer could be appointed as Chairman or commissioner.
Why is Malaysia buckling this trend of international best practices if the
Police and Government are serious in wanting to make the oversight
mechanism over police misconduct a successful one rather than a scandalous
Can the original IPCMC proposal be salvaged and is it worth the effort to
try to salvage it.
This is the first issue the Parliamentary Roundtable on the SCC Bill (fake
IPCMC) next Friday must grapple with.
Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic
Planning Commission Chairman