PASIR Gudang MP Hassan Abdul Karim has been hailed by netizens as “one of the most righteous MPs around” when he came to the fore to state that there is no such thing as a criminal case has reached an amicable settlement just because the complainant said so – voluntarily or without being coerced into doing so.
The two-term PKR lawmaker who is also a trained lawyer explained that once a police report is lodged, it is called the first information report.
Upon receiving such a report, the police are duty bound to call up the alleged assailant for questioning if the case is pertaining to a physical assault that falls under the Penal Code.
“The police must also send the victim to a nearby government hospital for the injuries to be assessed,” Malausiakini cited him as saying in a statement jointly signed with an anonymous lawyer.
“The police need to open an investigation paper and record the assailant’s statement under Section 112 of the Criminal Procedure Code (CPC).”
The former Parti Rakyat Malaysia (PRM) president went on to state that even if the victim withdraws the initial police report or lodges a second police report claiming the case is resolved, police cannot cease taking action for it is not the police discretion whether to pursue an investigation or otherwise.
This, according to Hassan, is unlike civil law cases where a victim of tort (a civil wrong that causes a claimant to suffer loss or harm) may choose to discontinue civil action against their assailants.
“This is the legal position under the rule of law or the legal sovereignty system in our country, Malaysia,” justified Hassan who is renowned for voicing his thoughts without fear or favour.
“Under Article 8 of the Federal Constitution, equality is guaranteed to every citizen under the law.”
Added the 73-year-old PKR lawmaker:
“Whether the perpetrator is a superior or a personal officer of a superior, even if they are serving as officers or personal guards of royal family members or serving with the king or sultan ruling the state or the Yang di-Pertuan Agong (YDPA), crimes against ordinary citizens, especially vulnerable groups like the disabled, cannot be taken lightly.”
Hassan did not specifically state the background of his comments but his reaction certainly came in the backdrop of an alleged assault of a self-employed disabled man by the bodyguard of a royal household in the Federal capital on Tuesday (May 28).
Interestingly, the individual who has been reportedly described as “a deaf and mute Grab driver” had parked his car at a hotel entrance in Brickfields, Kuala Lumpur as the convoy of Johor Crown Prince Tunku Ismail Sultan Ibrahim was leaving.
Kuala Lumpur police chief Datuk Rusdi Mohd Isa revealed that the 46-year-old victim of the assault has since lodged another report at about 9.59pm on the day of the incident to state that he does not want to prolong the matter. The initial report was lodged by the driver on May 28 at 1pm.
“The incident was due to a misunderstanding of the instructions to move the vehicle. This case is being investigated under Section 323 of the Penal Code,” Rusdi had pointed out in a statement. – May 30, 2024
