Musa against IPCMC for lack of appeal process

While many had hoped for the formation of an Independent Police Complaints and Misconduct Commission to see  more improvement and accountability in the force, former Inspector-General of Police Musa Hassan is against it as there is no provision for appeal.

Describing the IPCMC being unfair to the police, Musa (right) said if established the commission would not only investigate, it will also mete out punishment and to make matters worse its decisions cannot be appealed in court.

In other words, they are the investigator, judge, jury and executioner.

"I do not agree with this as even if a person is charged in court, they are given an opportunity to appeal.

"Under normal circumstances the investigating body, and those meting out punishment are also different.

"Removing the appeal process I feel is not right and detrimental to the force and our morale.

"You can investigate us, and punish but not providing avenues for my people to appeal is (aniaya) cruel," he told Malaysiakini in an exclusive interview.

Musa said that he had submitted an IPCMC counter-proposal to the Attorney-General's Chambers but there had been no response.

He will back the setting up of  such a body if it includes the appeal process, and he has gone as far as consulting the matter with his Australian and American counterparts, he added.

The IPCMC was proposed by a royal commission of inquiry in 2004, to enhance the image and accountability of the police force following the nude squat saga. It was welcomed by human rights groups and politicians who continue to press for its formation.

The then Bar Council chairperson Yeo Yang Poh, who had supported the IPCMC move had also suggested those accused of misconduct should have recourse to the High Court by way of appeals.

"This is currently missing. This is what the police have pointed out and this suggestion is something with which we (the council) agree with.

"We want the IPCMC to include an amendment to put an appeals process in place," Yeo had said.

Musa said he had formed the Police Integrity Commission and had also suggested setting up an Enforcement Agency Integrity Commission.

He added besides this, there is also the Police Commission and the Malaysian Anti-Corruption Commission as well to tackle corruption in the force.

The necessity to be fair

The question, Musa said is not much about having a commission but enforcement, recalling that when he was strict, many were angry with him. What is important, he pointed out was being fair.

The former IGP also denied the notion of police covering up investigations like in custodial deaths or accidental deaths via shooting.

"Where can there be cases closed or cover ups... The police do not do that," he insisted.

He said what was important in cases of questionable death was to have a proper coroner (medical practitioner) to head the inquest.

"The police supported the proposal that a proper coroner head the inquest as the person having the expertise of being a doctor and not a magistrate. This proposal had been discussed but has been left hanging at the Attorney-General's Chambers," he said.

On his achievement as an IGP, Musa said he had done some restructuring to the force where he removed the rank of chief inspector and set higher standards for those desirous of joining the force.

He said inspectors must now possess degrees, and we want them to garner experience before being promoted to the rank of an assistant superintendent, they may not have acquire the necessary knowledge to investigate.

"Sergeants can become assistant investigating officers but we have improve the structure...

"I have also proposed three deputy inspector-general of police posts one each for handling operations, management and intelligence. However, this idea is with the government," he said.

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