Police Report, everyone!
October 14, 2010
The Latest Craze in BolehLand: Making Police Reports
by AB Sulaiman @www.malaysiakini.com
COMMENT: Not too long ago Helen Ang, a regular contributor to Malaysiakini and actively involved with CPI (Centre for Policy Initiatives), was called in by the police.
Apparently some concerned citizens had launched a police report stating that she had made some derogatory remarks about Islam and the Agong.
The police wanted her to respond to this. So, at the appointed time she went to the station with her lawyer. While there her lawyer cautioned her not to make any statement for the police might capitalise on whatever is said by her.
“Keep mum” might have been the words used by her lawyer, “for the police might have no clue as to why the report has been made in the first place.” True enough, Ang (left) did keep mum, and did not answer to any of the questions the police might have posed to her.
Then, Nurul Izzah Anwar, a young MP, challenged Ibrahim Ali to a debate on Article 153 of the constitution. Ibrahim Ali was too chicken to take the challenge, not that we don’t know it. And guess what, he had Perkasa launch a police report against her.
Then again, take the case of Teo Nie Ching, an MP who visited a surau to foster closer relationship between her and her constituency. Apparently she wanted to give some donations to deserving members of her constituency. For her trouble a police report was made by some quarters.
A lawyer familiar with the case, Gobind Singh Deo, another MP, was vexed by this absurd case. According to him the police could not even tell Teo and him what sort of offences Teo was being investigated for.
“When I asked them, they simply said a police report was lodged against Teo (left). But they could not answer me why they were asking for Teo’s statement. If a complaint or police report doesn’t form the basis of any criminal charge, the police shouldn’t look to her for answers. That’s ‘fishing’ for a case, which isn’t allowed,” said Gobind, according to a report in a news portal.
It appears there is a popular game hitting Bolehland. It’s called ‘Hi ho! I launched a police report today’.
Yet another of this game took place just a few days ago. BTN Deputy Director Hamim Husain lodged a police report against a news portal and one of its journalists over an article that claimed that he had uttered racist remarks. So these days if you want to be counted, play this game and enjoy the latest craze!
Popularising the game
I wish to put up a hypothesis as to why this hi-ho police report game is popular. It is to me because of the following framework that has been devised, moulded and perfected by the Ketuanan Melayu leadership and government:
i. Develop a civil service and all government agencies like the military and the police, customs and immigration that are wholly ‘pro-Malay’. This has been done easily when as much as 85 percent or more by people of the Malay ethnic stock running the shop. Malays are polite and subservient people, so they are easier to control;
ii. Develop an ideology that centres on race and religion to support (i) above. “Untuk agama, bangsa dan negara” suits perfectly;
iii. Create an environment and legal system where saying things against race and religion (and the royalty) is considered an offence. The Sedition Act is a good example; it is sure to be an effective weapon to combat critics of (ii);
iv. Mould a judiciary that will go for the person, not for the principles of the law;
v. By virtue of (i) the police would tend to follow (iv);
vi. Make the Malays think they are of a superior race. Tell him his ‘sopan santun‘ and ‘budi bahasa‘ are world renowned; it never fails;
vii. Make Islam as the exclusive religious truth. Make the people think that thinking and believing otherwise is a definite ticket to Hell;
viii. Indoctrinate everybody about the truth and wisdom of (vi) and (vii). It looks like the Biro Tata Negara is doing well here. The ulama is there to lend a hand in any case;
ix. Tell the people the Malays need help and must continue to need help from the government. Continue to highlight the low confidence of the Malays. Don’t tell them the contradiction with (vi) and (vii);
x. Tell the Malays they have special ‘Malay rights’ enshrined in the constitution. Don’t tell them the words are actually ‘special position’ and include some provisos;
xi. Tell people that the non-Malays are determined to wrest power from the Malays;
xii. If at all (xi) succeeds then make the Malays believe they will disappear from the face of the earth; and,
xiii. Finally (maybe), intimidate everybody who refuse to adhere to those points above with actual threatening legal punishment and penalties. The ISA is the grand daddy on this point. It can put you into oblivion without so much as a simple legal charge!
No proof required
I am not against anybody making police reports. This must surely be one of the fundamental rights of any person in a working democracy. My grouse is that a police report should be made in what I’d call genuine or bona fide cases, i.e. cases where the complainant can produce facts and figures, evidence and proof to support his report. In other words, the elements of transparency, responsibility, accountability and integrity must be present at all time.
In this country ,however, I can see that a report can be made at the flimsiest of reasons. If Ibrahim Ali’s report on Nurul Izzah (right) is not flimsy, I don’t know what is.
So it can easily be abused, especially by politicians and some religious adherents wishing to shine. In the latter situation any person can make a police report for ‘insulting Islam’. Nobody knows whatever that means.
Either way, the complainant can manufacture any complaint without any strong evidence and proof, any strong case, like in the numerous illustrations above.
He knows come what may the police will pay attention. He is really not too worried, and thus not really accountable and responsible for his statements.
He knows the police will be on his side, and he knows whenever the case gets into the courts, (the understanding is that) the judges would tend to be on his side as well.
The complainant, in other words, hides behind the might of the police force for support. Yes, he is hiding under the principle of ‘might is right’ of public institutions.
But the word ‘abuse’ is really not the main reason for my distaste of this popular hi-ho game. The sadder point is that almost all of those thirteen points above are principally myths and can be debunked one after another.
Item (ix) for example (stating the Malays continue to need help) is most debatable as indeed has been debated many times over. I shall not enter into it again, not this time around anyway.
Who are the losers?
I just would like to know who actually gains in this high stakes game.
It’s not the generic Malay segment of the population, as indicated by the country’s Gini coefficient, popularised by Dr Lim Teck Ghee (right) some two years or so back.
This index measures income inequality, where 0 denotes total equality and 1 total inequality. Datuk Dr Richard Leete (Resident Representative of the UNDP) pointed out that Malaysia has the highest Gini coefficient in Asia at 0.46, with the bumiputera communities being the worse. They have the highest intra-ethnic income differential of all ethnic groups in Malaysia.
It’s the people taking advantage of the simpleminded Malays who benefit most. These are the very same people who have moulded and perfected a race- and religion-based country and government and are reaping untold billions from the Treasury; this done under the noses of the people.
And do the Malays care? No they don’t, for they don’t know that they don’t know. Do the leaders care? They don’t either for the going has been so good for them, and in any case the police and judiciary are on their side!
Who suffers the most? This question is easy to answer. It is the people, the generic Malaysian community who deserve the best but somehow get the worse.
Using or abusing police power…………
and the worst case is when anwar used the police SB to force Umi Halfidah and Azizan to retract their letters and signed a SD to free him from the allegations in the Sodomy I case.
john deer - October 14, 2010 at 10:07 pm
I am glad that someone finally wrote about this. I have been wondering about all the police reports that are being filed. I would think that a police report should be filed only when someone believes that a violation of the criminal or civil laws has taken place. But so many of these police reports are about matters that have nothing to do with breaking the law — for example, when a Chinese MP enters a surau by invitation, what law has been broken?
I also do not understand why the police immediately call the alleged criminal/violator in to make a statement. Why don’t they investigate the truth of the complaint before hauling the person in for questioning? And why don’t they check to see if there is any law trhat governs the complaint?
It really looks like harrassment. If I don’t like what you do or say — whether it violates the law or not — I will file a police report, and then (assuming you are in the opposition), the police will haul you in for questioning.
John Malott - October 14, 2010 at 11:37 pm
vi. Make the Malays think they are of a superior race. Tell him his ‘sopan santun‘ and ‘budi bahasa‘ are world renowned; it never fails;
ix. Tell the people the Malays need help and must continue to need help from the government. Continue to highlight the low confidence of the Malays.
I thought the contradiction is with (vi) and (ix); how can a superior race need help and must continue to need help from the government.
The whites claim to be the superior race and they prove it by their efforts in science and technology as well as in their economic success. Instead they give help to the other minority or backward races. You don’t give handicap to a pro golfer. The moment you need govt assistance indicates that you are in a not so superior position. The borrower is subservant to the lender.
I suppose if any of these so called ‘experts’ were to go overseas they will be shocked at their level of ignorance. The sun, they find, do not rotate around Malaysia as they have been taught and told from young.
beyetwiser - October 15, 2010 at 2:03 am
Hi
This is intimidation and harassment, outright violation of civil and human right. Long time cherish culture of the Uncivilize Malaysian National Organization.
Can only happen in no law’s land, rule by uncivilize, rogue out law with barbaric mentality.
God Blast the BodohLand
Philip Yip - October 15, 2010 at 2:04 am
This is what our Courts are up to!
Evidence of anal penetration on Saiful, says forensic pathologist
http://steadyaku-steadyaku-husseinhamid.blogspot.com/2010/10/this-is-what-our-courts-are-up-to.html
tourman53 - October 15, 2010 at 4:13 am
Ambassador Malott
The London “bobby” is the friendliest policeman I have ever encountered. Once I walked up to one who happened to be walking nearby reporting a man shouting racial slurs and obscenities and disturbing the peace. The London “bobby” stopped in his track and asked me where the person was and I pointed at the fifth floor of an apartment building. He walked up all five floors looking for the guy he never saw before. After a while he came down. He said the man was nowhere to be seen but if I saw him again I was to report.
The sight of a London “bobby” helping an old lady cross the road is a gentle reminder of who the police is supposed to be helping. The sight is legendary. You don’t see this happening in crime prone United States where the sight of a state trooper, armed to the teeth would make you consider changing your direction. Here many times the difference between the police and the criminal is his uniform.
For the police to begin their investigation no written police reports at police stations are necessary. Verbal complaints reduced to wring by the policeman is all that is needed. Police themselves acting under reasonable suspicion that a crime has been committed could investigate a case.
In Malaysia, there is this almost fanatical obsession with a document generically referred to as the police report (otherwise referred to under the country’s Criminal Procedure Code as the First Information Report – or FIR for short) More recently, Malaysians are just as obsessed with making Statutory Declarations. There seems to be this feeling, a consensus almost that making a police report against someone is itself proof that he is guilty of some wrongdoing. Otherwise why report? The same applies with statutory declarations. Both these documents are looked upon as evidence of some kind. The truth is they are not evidence of anything and their use is limited to showing inconsistencies should that be an issue in court later.
However, if we consider that the objective of the country’s criminal justice system is not always to secure a conviction but to punish then it makes sense. Lodging police reports and sending policemen banging on your door manhandling you in the process and then bundling you away in handcuffs in a police car with siren blaring is an end in itself. A night spent in a police cell at the police station and then released is punishment enough. The crime? Well, who knows?
But confusing the criminal from the victim, and ending up investigating the victim rather than the criminal is a first even for a third world country like Malaysia.
Mr Bean - October 15, 2010 at 5:25 am
Ambassador Malott and Mr Bean,
In Malaysia,we do things in reverse. We charge someone and then find evidence to convict him with the willing partnership of our corrupt judges who cannot even write their judgments without the help of characters like the crooked lawyer VK Lingam.
Our political leaders including the retired Apanama Dia mamak should awarded some cheap medals for their innovations–for screwing up the Rule of Law. Until things change drastically here, nobody will invest in BolehLand where they sapu everything because they abuse power with impunity and betray public trust.
Khun Topeng - October 15, 2010 at 7:21 am
It’s the favorite pastime of Umno. It’s another one of their “Malaysia Boleh” thing. It’s also a ruse to divert the policemen from chasing after motorists, mat rempits, gangsters etc.
screw'd'bn - October 15, 2010 at 8:50 am
What Mr.Bean mentioned is quite the typical policeman you find in Australia, New Zealand European countries. Have you ever noticed the state of a country political climate is very much reflected by the attitude of it’s policeman? The more freedom and democracy a country has, the better behaved it’s police are. Just take Malaysia vs Singapore and you’ll see the contrast. Compare Malaysia with Burma, where do you think we are? Make a guess my dear friends.
imwatchingu - October 15, 2010 at 9:03 am
In Malaysia, the civil service, police, MACC, AG Chambers, the Judiciary and the Election Commission are affiliates of UMNO and their sole purpose of existence is to ensure UMNO rules the country till the end of the world.
The rural Malay has been formed (by UMNO) to be one ” who knows not that he knows not”, zombified by UMNO’s indoctrination of Ketuanan Melayu. Little wonder Perkasa has garnered 300,000 Malays into its fold.
The Malays Archilles’ Heel – race and religion. The well-to-do-filthy- rich-Malays exploit that weakness to stay in power whilst the masses remain poor and “knows not he knows not”.
Lawyer - October 15, 2010 at 9:20 am
In Malaysia,we do things in reverse…Khun Topeng.
Is that the reason the doctors in Anwar’s trial said there was presence of semen in Saiful’s rectal areas even though earlier they said the were no penetration to the anus.
Is this 1 asshole Malaysia, that Najib is promoting?.
tean - October 15, 2010 at 10:10 am
This propensity to take zealous legalistic recourse is a symptom of ‘tyranny of the unthinking masses’ i.e. a perverted understanding of what ‘democracy’ really means. The current trend of frivolous police reports, S.D.s’ and subsequent police intimidation is common with people who feel they have ‘equal rights’, if not more so than others. It lays bare the deep insecurities caused by feudalistic religio-ethnic baiting.
It is certainly not confined only to the establishment cohorts but also to (and within) the opposition.
Menyalak-er - October 15, 2010 at 11:36 am
In Bolehwood, they fire 19 bullets from a sub-machine gun at a young boy first befoee they investigate… 19 bullets, can you beat that?
Sentinel - October 15, 2010 at 12:06 pm
They’ll beat you into a pulp if you happen to be from the wrong ethnic group when apprehended. That’s their way of extracting incriminating evidence from “wrongdoers” which they have no way of proving.
Imagine, 19 bullets from a sub-machine gun to stop a boy at the wheel of a run-away car. Since when has KL turned into a battle zone? I only carried a 9mm Brownie pistol and two M36 grenades on me when hunting bandits in the 70s. That too was more than I could bear.
We’re in the pits lah…
Tok Cik - October 15, 2010 at 12:28 pm
Finally. All this frenzy of police reprts. Good God. Gone nuts. Anyway, police reports when its bona fide? There is absolutely nothing bona fide in Malaysia right now.
Kathy - October 15, 2010 at 1:05 pm
Its true about the London Bobby. They have the formula right about policing there. They are the friendliest. Whilst studying there I could approach them and not feel uneasy.
Now the UK are leading again with research on high quality skills for those involved in duties connected to Justice and Law Enforcement. When on earth will anything change inM’sia?
Kathy - October 15, 2010 at 1:10 pm
The reports must conform to “certain values”. Remember, when they tried to make reports,
- LKS got ISA-ed.
- RPK got assaulted.
yezdi - October 15, 2010 at 1:36 pm
Dear Din, Thanks for hi-lighting the use of Police reports to harass innocent rakyat. Every right minded citizen can see clearly that our Police force is a tool of the executive.
Our Police is bloody damn efficient when it comes to police reports lodged against the opposition. Without checking whether the report is true or just mere accusations they will spring into action before even your grandma could say jumping jellybeans.
No wonder the crime rate is so high in Malaysia! This is because our Police DRM is wasting time chasing shadows and making life miserable for innocent folks rather than going after the real McCoy. Its sad that our once respected PDRM has sunk so bloody low in the eyes of the rakyat. Only a miracle can reverse this cancerous blight that seems to have a strangle-hold over the once respected PDRM.
Dr Who - October 15, 2010 at 4:19 pm
it would appear that in the blog world,
ministers in the cabinets are rogues merely because
they were doing their job-
[hishamuddin, when he announce to the chinese press that
the employment contract of musang hassan was not going to be extended]
or when a minister [rais] tried to defend his honour [in making a
police report against rocky].
the principle of rights
————————
in law the neighbour principle always applies whether one is a blogger or not.
Rich tycoons and politicos have always used the press/ writers/ media/ radio
to lobby for a change in decisions or policies of the ministries to suit their
needs, more to get what they wanted by using pr postively for then and perverse
imaging on their target ‘enemies’ who can be ministers or ceo’s like musa hitam .
the precursor to the privatisation of sports toto
————————————————-
ahmad sebi was the chief editor to the nst then . In the days prior to the privatisation
of the sports toto , the media under sebi went to town on the ineffectiveness and non performing sports toto organisation.
what followed was a privatisation [ i called it piratisation] of the
national asset] of toto and was given to tdm’s crony chingkie vincent tan.
the precursor to the proposed privatisation of ijn by sime darby
—————————————————————–
they were a group of bloggers who went to town painting it black on sime
darby for trying to get the ijn privatisation.
of course the tv/ radios joined in the campaign to stop the privatisation. Sime did not get
the privatisation.
After a decent interval, sak mongkol reported that another group had successfolly got it.
And the group included yours truly ‘apanama’ ….
Parting shot
—————-
I suspect a grpoup was also trying to influence rais on his decision making using
rocky and his cohorts to do a game on rais.
in fairness , rais has a right to defend his good name and do the right thing/ decide
rightly.
those days when we simple melayus ‘kena main dengan nst , utusan ‘ or by penulis
pelacur must come to an end.
Rais is no angel
——————-
sometimes even the media supporters of the gomen do make a blunderous mistake.
whilst they have been painting a picture of homosexuality as a big evil, the gomen is being
liberal in permitting
a promiscuos gay singer to flaunt some gay music and shows in the country. Approval probably
come from rais or his ministry.
khong khek khuat - October 15, 2010 at 6:29 pm
“In Malaysia,we do things in reverse. We charge someone and then find evidence to convict him with the willing partnership of our corrupt judges who cannot even write their judgments without the help of characters like the crooked lawyer VK Lingam” – Khun Topeng
It is not fair to single out Malaysia for this distinction. Nevertheless it is worth some thought.
How do you think judges arrive at their decisions or judgments? How else if not make their decision and then look for the line of reasoning to justify it according to the law as they see it. This is true of Malaysia and all the other jurisdictions that you may care to name. Talk to any bar student sitting for their finals and they will tell you. The way to answer a question at the bar exam is to write your conclusion first, and then look for the issues, then the rules, and then the application or analysis and then the conclusion again (a method known by its acronym IRAC).
And who says judgments must be written by judges? Just like sometimes some bar students — very creative at finding solutions to their problems — would use paid substitutes to sit for their exams. Cheating is not cheating until it is discovered.
Some of our senior police officers probably having spent a lot of time working in the country’s criminal justice system (in some cases as apprentices to criminals) seeing these criminals getting spanked by judges in court rooms cannot help but marvel at skills shown by these judges. Call it occupational hazard but some wannabe lawyers among them imagine themselves exercising the same ‘skills’ when investigating crimes. They decide who the criminal is and then look for the evidence. Is it surprising at all that they end up investigating the victims instead of the criminals? Is it surprising that at times they are at a loss to explain what the crime is?
In some cases like that of Anwar Ibrahim they got it back to front – or front to back depending on your perspective.
Mr Bean - October 15, 2010 at 7:33 pm