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Wednesday, July 10, 2013

Wan Junaidi: IPCMC treats cops worse than criminals


Deputy Home Minister Wan Junaidi Tuanku Jaafar has dismissed revived calls for an Independent Police Complaints and Misconduct Commission (IPCMC), stating that such a body would treat the police worse than criminals.

NONE"It (IPCMC would) breach everything - the constitution and natural justice. It excludes the power of the court and becomes the final adjudicator,” he told reporters in the Parliament lobby today.

"Can you imagine that someone facing disciplinary action does not have the right of appeal in court - you are treating policemen worse than criminals.”

Wan Junaidi (left) had been asked for the outcome of his study, having asked for a month from June 4 to scrutinise the proposal.

He said the drafters of the IPCMC proposal had breached every principle of justice in any law and that it would have been a bad law.

"It takes away the attorney-general's authority with sole power of prosecution - something not even given to the Malaysian Anti-Corruption Commission (MACC) - and it takes away the police commission on disciplinary issues. It takes away the (powers of the) inspector-general of police (in) the Police Act.

"Any decision made by the IPCMC must be final and you cannot appeal to the court. Have you heard of that kind of law before?"

azlanWan Junaidi said the Enforcement Agency Integrity Commission (EAIC) sought to remove those provisions deemed not in line with principles of justice.

"(In practical terms) the IPCMC is already used in the (EAIC) but (the latter) takes away the things that are not consistent with natural justice. Therefore it (the creation of the IPCMC) does not arise any more.”

The EAIC has, however, been widely criticised as a watered-down version of the IPCMC proposed by the royal commission of inquiry on operations of the police force in 2005.

There have been renewed calls for the IPCMC to be implemented following a string of deaths in custody where the victims were alleged to have been tortured

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