Suhakam unhappy with police bail extensions
K KabilanPublished: Mar 27, 2001 3:38 AM | Updated: Jan 29, 2008 10:21 AM
The Human Rights Commission (Suhakam), which ended its inquiry today into allegations of police brutality during the aborted Nov 5 100,000 People's Gathering, will include in its report, recommendations to curb the abuse of police bail.
Inquiry chairman Anuar Zainal Abidin said the commission will report on the continuous use of police bail by the department against those detained at the gathering.
"We are not happy with the way the police bail is being extended. Only a handful have been charged and the rest are still out on police bail and have to keep returning to the Klang police station to report," said the former chief judge of Malaya.
He added the police should not be extending their bail on these suspects on the grounds that they are needed for investigations.
"The gathering took place on Nov 5 and they were detained on that day. It is more than four months now and are the police still investigating the gathering?" asked Anuar.
The police should release the suspects if they are no longer investigating the case, he added.
Anuar explained there was no reason for those who were granted police bail to return week after week if there is no sufficient evidence to charge them with.
Charge or free suspects
Under the Criminal Procedure Code, a magistrate is empowered to order the remand of a suspect for two weeks only, he added.
Once the order expires, the suspect must be freed or charged. In this case, a five-day remand order was obtained and at the end of the term, the police failed to charge the majority of the detainees but released them on police bail instead..
He said the police may be correct to do so, but the commission will look into the matter to see if the law under the Police Act is proper.
"This is not fair. We will submit our recommendations with regard to this situation," Anuar said.
Anuar cited the case of a Seremban businessman whose police bail was extended seven times as a glaring example. The businessman is alleged to have shot dead a man following an argument outside a pub. The police are still investigating the case.
Final witness
In today's sitting, the commission heard evidence from its 46th and final witness, lawyer and Keadilan leader, Zainur Zakaria.
Anuar said the inquiry panel, consisting of commissioners Mehrun Siraj, the former dean of Universiti Kebangsaan Malaysia's law faculty and Simon Sipaun of the Sabah Civil Service Commission, will complete its report on the inquiry "as soon as possible".
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Inquiry chairman Anuar Zainal Abidin said the commission will report on the continuous use of police bail by the department against those detained at the gathering.
"We are not happy with the way the police bail is being extended. Only a handful have been charged and the rest are still out on police bail and have to keep returning to the Klang police station to report," said the former chief judge of Malaya.
He added the police should not be extending their bail on these suspects on the grounds that they are needed for investigations.
"The gathering took place on Nov 5 and they were detained on that day. It is more than four months now and are the police still investigating the gathering?" asked Anuar.
The police should release the suspects if they are no longer investigating the case, he added.
Anuar explained there was no reason for those who were granted police bail to return week after week if there is no sufficient evidence to charge them with.
Charge or free suspects
Under the Criminal Procedure Code, a magistrate is empowered to order the remand of a suspect for two weeks only, he added.
Once the order expires, the suspect must be freed or charged. In this case, a five-day remand order was obtained and at the end of the term, the police failed to charge the majority of the detainees but released them on police bail instead..
He said the police may be correct to do so, but the commission will look into the matter to see if the law under the Police Act is proper.
"This is not fair. We will submit our recommendations with regard to this situation," Anuar said.
Anuar cited the case of a Seremban businessman whose police bail was extended seven times as a glaring example. The businessman is alleged to have shot dead a man following an argument outside a pub. The police are still investigating the case.
Final witness
In today's sitting, the commission heard evidence from its 46th and final witness, lawyer and Keadilan leader, Zainur Zakaria.
Anuar said the inquiry panel, consisting of commissioners Mehrun Siraj, the former dean of Universiti Kebangsaan Malaysia's law faculty and Simon Sipaun of the Sabah Civil Service Commission, will complete its report on the inquiry "as soon as possible".
Related reports:
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