Roger Chan, who chairs a group of human rights lawyers, said the incident which took place in Pahang recently showed how there may have been abuse of power, torture and violence during the arrest and detention of the individual.
“We hope the law enforcement officers involved will step forward so that the matter can be resolved. We also hope the inspector-general of police will take cognisance of this incident,” Chan said in a virtual press conference today.
The 21-year-old, who had permission to travel to deliver frozen seafood, claimed he was driving alone at 2am on Jan 24 along Jalan Muadzam Shah when his car was sandwiched in between two cars occupied by plainclothes police officers. One of them fired a warning shot into the air and pointed a gun at him as a signal to stop by the roadside.
The police allegedly forced him out of his car and demanded to know “where is the lorry”, before punching and kicking the youth when he claimed he did not know what they were talking about.
The victim also claimed he was taken on a terror ride to a jungle, where three to four policemen continued to assault and question him about the lorry, with one holding a gun to his head.
He was then arrested and brought to the Muadzam Shah police station, where he was remanded for four days on suspicion that he was linked to a syndicate involved in smuggling cigarettes.
Chan said there was sufficient proof of the unlawful discharge of a firearm, as the officer in possession of the pistol would have to account for a missing bullet in the chamber.
“Our client is prepared to face any consequences if he had not told the truth but will only cooperate with an independent police investigation into the criminal and civil liabilities of the police officers concerned,” he said.
Fahan Maaruf, one of the lawyers representing the victim, said they were informed of the case at the last minute and were unable to reach the Pekan magistrates’ court before a remand order was issued.
The youth was then charged at the Rompin magistrates’ court on Jan 27 under Section 186 of the Penal Code for obstructing a public servant in the discharge of his public functions, as well as Section 42 of the Road Transport Act 1987 for reckless and dangerous driving.
He pleaded not guilty to both charges.
“Under Section 28 of the Criminal Procedure Code, those arrested must be given the chance to consult a lawyer and inform their family on the arrest. Where were these rights when he was arrested?” Fahan asked.
He added that the victim had claimed three other lorries were inspected on the night of his assault, but all were allowed to pass.
Petaling Jaya MP Maria Chin Abdullah and Suara Rakyat Malaysia executive director Sevan Doraisamy, who were also present at the press conference, said there must be transparency in the investigation of the case.
Chin urged the government to expedite the tabling of the Independent Police Conduct Commission Bill, while Sevan called for the earlier Independent Police Complaints and Misconduct Commission Bill 2019 to be tabled and hold the police accountable.