Urgent need for Police personnel to be trained and equipped with principles of natural justice and human rights

Recently, a particular case was brought  to my attention  related to  an experience of  a Malaysian individual Ng Chin Sheng, 30, who had to put up with an inappropriate use of authority by the traffic  police officer during a road block and the subsequent legal injustice the person has to endure. 

During the roadblock inspection on 2nd January 2022 in Raja Uda (Butterworth), Penang, Ng was asked for his IC and license. He complied, but decided to record the whole incident before giving his identity card and license.

Upon knowing that Ng was recording the process the police became agitated and started scolding him aggressively.

Ng was brought to the Balai Polis  Butterworth and placed in a holding cell.

Subsequently the next day Ng was taken  to the magistrate and a decision was made to remand him for 3 days

 He was brought back to Butterworth Magistrate Court and he was charged under section.186 of the Penal Code for obstructing public servant in discharge of his public functions.

Being a layman Ng had no legal knowledge and did not comprehend the seriousness and the consequences. Therefore, he was reasonably scared and confused as to what was happening. He pleaded guilty to the charge without even understanding what the charge meant nor the consequence of pleading guilty to that charge. Ng's understanding of Bahasa was limited and the failure to explain the charge in Chinese is unacceptable.

Upon pleading guilty to that charge, he was fined RM4,000.00 in default of which he would be imprisoned for 7 months.

He paid the fine and was released the same day.

There are factors in this case that reveal an abuse of power that has placed the legal system in an oppressive dimension. Here are the factors that need to be taken into consideration.
 

1) There was pleading guilty for an undisclosed offense the accused did not do.

2) There was no way he prohibited the police from conducting their duties.

3) There was no resistance or being rude to the police officers

4) The person followed the police instructions all the way until he was released.

5) The failure of the Court to provide a Chinese interpreter to translate the charge into Chinese is totally unacceptable.

It is obvious from this case there has been an abuse of police powers, since the details of  offense  were not clearly revealed rather than accusing Ng for  obstruction of duties of a public servant. How such obstruction was conducted by the accused  is not clear. Is it due to the video recording? If it is so it cannot be construed  as an offense  that deserves a  remand .

Ng has suffered psychological stress by being  remanded  for three days without access to legal means and finally have to accept guilty for no offense,

It is vital for police officers to be educated on human rights, especially in the manner of  inspection and the basis of obtaining a remand order,and the  importance of natural  justice in  giving the person accused ,the rights to legal representation.

There was no clear offense in this case ,but an agitated officer  who  abused his power for subjective reasons instead of an objective criteria. 

The question is are our police  operatives aware of the principles of  natural justice and trained on human rights principles? If this kind of  behaviour of police is tolerated, which is a base on  subjective rule rather than objective standard, many Malaysians who are unaware of their rights ,could be  bullied into submission and made to pay heavy fines just because they are ignorant of their rights.

 

M. Kula Segaran MP Ipoh Barat