'IPCMC not unconstitutional, top ex-judges drafted it'

'IPCMC not unconstitutional, top ex-judges drafted it'

Hafiz Yatim 4:11PM Jul 11, 2013 Malaysiakini

The Independent Police Complaints and Misconduct Commission (IPCMC) proposal was drawn up by a panel comprising three former top judicial officers and a former inspector-general of police.

That panel was the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police.

Lawyer Khuthubul Zaman Bukhari (left), who sat on it, said he is puzzled how Home Minister Ahmad Zahid Hamidi could say the IPCMC is unconstitutional.
Khutubul Zaman said there were three top judicial officers and many with legal backgrounds on the panel of 15.

"It was chaired by former Chief Justice Mohd Dzaiddin Abdullah (left). We also had former lord president Salleh Abas and also Mohd Zaki Azmi, who later rose to become the chief justice.

"We also had three top judicial officers and also former inspector-general of police, Mohd Hanif Omar, on the panel. How can the minister say the IPCMC is unconstitutional when much careful consideration was made in drafting it," he said.

Others on it included present Federal court judge Zaleha Zahari, former Transparency International Malaysia president Tunku Abdul Aziz Tunku Ibrahim and former MCA deputy president Lim Ah Lek (right).

Khuthubul, a former Bar Council president, with former Umno Wanita deputy chief Kamilia Ibrahim, who was also a panel member, affirmed that examples from the United Kingdom, Australia and Hong Kong were studied.

Kamilia had told Malaysiakini that if the IPCMC could be implemented in the UK and Australia why not here in Malaysia.

Yesterday, Chief Minister Lim Guan Eng had also questioned Ahmad Zahid's rationale.

Ouster clause

Both Khuthubul Zaman and Bar Council President Christopher Leong also criticised Ahmad Zahid's deputy Wan Junaidi Tuanku Jaafar for saying IPCMC would treat police worse than criminals as there would no chance to appeal.

Khuthubul Zaman said Wan Junaidi (left), as a lawmaker, should know that not having the right to appeal is also prevalent in much existing legislation like Section 33(b) of the Industrial Relations Act 1967.

Leong added that it was ironic for the deputy minister to say this as there is also Section 16(7) of the Trade Union Act 1969 and also in the old Internal Security Act and more recently, Section 9A of the Election Act which says the electoral roll cannot be challenged.

"There are 30 such pieces of legislation which have such an ouster clause including those which I have mentioned, where the decision cannot be contested," he said.

However, Khuthubul Zaman said that does not stop anyone to mount a legal challenge regarding this if the IPCMC is implemented.

Leong agreed that police officers who are found guilty of misconduct, still had the right to a judicial review to contest the decision.

"The government should not let this be an excuse not to have the IPCMC," said Leong.