
LFL director Melissa Sasidaran said this was necessary given past cases of IGPs reportedly using their power in high-level cover-ups.
She cited the case of former IGP Khalid Abu Bakar, who was found liable six years ago for the death in custody of Kugan Ananthan in 2009.
She also spoke of diversions in the 1MDB investigations and delays in action following the discovery of mass graves in Wang Kelian.
“In light of the fact that Khalid and previous IGPs have been involved in acts of misconduct and maintaining the culture of impunity, it is not appropriate for the IGP to sit on the disciplinary board,” she said in a statement today.
While acknowledging that the inclusion in the bill of cases of grievous hurt or deaths in custody was a good measure, she said the provision should go further.
She suggested that the IPCMC emulate the Independent Office for Police Conduct in England and Wales which is tasked with investigating accidents involving serious injury or death during or following police contact, whether or not in custody.
“This provision must go further, as we know that serious injuries and fatalities at the hands of the police do not only happen in lock-ups,” she said.
She also called for clarification of the system for case referrals, saying that when a case is handed to the Malaysian Anti-Corruption Commission or the Attorney-General’s Chambers, it does not mean the IPCMC investigation ends there.
She cited the case of N Dharmendran who died in police custody, in which the four officers charged were acquitted despite investigations by the Enforcement Agency Integrity Commission showing multiple elements of a cover-up.
“This is one example among many which show that an independent misconduct investigation is crucial in uncovering the truth, regardless of whether a case is also investigated by another authority,” she said.
Last week, the Bar Council urged the government to include the IGP under the purview of the IPCMC, asking why the police chief would be given decision-making powers under the bill.
It also called for the IGP’s Standing Orders to be included in the IPCMC bill, a recommendation also included in LFL’s memorandum on the bill.