PDA

View Full Version : Cop's legal action against student will create fear



VeeJay
23-11-2005, 11:26 AM
Wednesday November 23, 2005

Cop's legal action against student will create fear

BY LEONG SHEN-LI AND CECIL FUNG

KUALA LUMPUR: The Human Rights Caucus, a parliamentarian group, has criticised the move by a policeman to sue a student for defamation over a report she lodged with the Anti-Corruption Agency.

“This is totally against public policy,” Caucus chairman and Minister in the Prime Minister's Department Datuk Seri Nazri Aziz told a press conference at the Parliament lobby yesterday.

The caucus is a loose group formed in May last year from among Barisan Nasional and Opposition parliamentarians to take up human rights issues.

Its deputy chairman is Lim Kit Siang, the Opposition Leader.

Nazri said the move by the policeman to sue would create fear in people who decide to complain against the police.

The student Foo Sze Kuan, 18, turned up in Parliament yesterday to explain her predicament to the Caucus.

Foo was stopped at a police roadblock for driving a car with an expired road tax and without a “P” plate on June 13 last year.

Facing five policemen, she claimed she felt intimidated and paid up when asked for a bribe.

The next day, upon her parents’ advice, Foo lodged a complaint with the ACA.

The ACA subsequently took up a case against one of the policemen. On Oct 11 this year, the court acquitted him on technical grounds.

The policeman, in the meantime, filed a suit against the student in March this year.

Nazri said the fact that the case was filed before the corruption case was completed suggested that the policeman was “threatening the complainant to withdraw her case”.

Furthermore, he said, as the ACA had brought the case against the policeman, he should have sued the agency and not the student.

Both the Bar Council and Transparency International said the move by the policeman would deter those with genuine allegations from coming forward.

While acknowledging that not every report would end up with enough evidence to establish a case, Bar Council president Yeo Yang Poh stressed that it did not mean there was no basis for the allegations.

“Those who come forward to report an offence for reasons of public policy should be protected from such civil suits,” he said.

Transparency International Malaysia president Datuk Param Cumaraswamy said just because the policeman was acquitted, it did not mean the person who lodged a report against him could be sued for defamation.

“Police officers should be careful not to file suits of this kind unless the report against them was made in mala fide (bad faith). If there was mala fide in this case, the ACA investigations would have uncovered it,” he added.

Param said that it was because of cases like this that a Whistleblowers’ Act was needed.

“We have been asking for a Whistleblowers’ Act for a long time because very often, we find the whistleblowers themselves being prosecuted.”

http://thestar.com.my/news/story.asp?file=/2005/11/23/nation/12674190&sec=nation&focus=1

VeeJay
23-11-2005, 11:29 AM
Param said that it was because of cases like this that a Whistleblowers’ Act was needed.


Another interesting development is underway! :D

As param mentioned...its about time that we embark with the new Act.

Jaytea
23-11-2005, 06:21 PM
does this mean that if the cops book me on something, and later, i am found not guilty by the courts, am i allowed to sue that particualr cop for slander, wrongful detention etc?

isarahim
23-11-2005, 07:50 PM
does this mean that if the cops book me on something, and later, i am found not guilty by the courts, am i allowed to sue that particualr cop for slander, wrongful detention etc?

Yes this often happens in European countries when people are wrongfully detained. And often they don't need to sue; they get compensation amicably. If they've been exposed by media in the process, the compensation can be quite large, e.g. > RM 1 million.

Voter
23-11-2005, 07:55 PM
The cops are driving away many many tourists. Not forgetting the low % of crime cases solved, and the snatch thieves thriving in every corner.

GreenBug
23-11-2005, 08:03 PM
The cops are driving away many many tourists. Not forgetting the low % of crime cases solved, and the snatch thieves thriving in every corner.Now that the girl has been identified, the cop should also be publicly identified. Tidak malu! :mad:

isarahim
23-11-2005, 08:14 PM
The cops are driving away many many tourists.

Yes, in tag-team with the Johor royals...

USJ27Resident
24-11-2005, 02:18 AM
Now that the girl has been identified, the cop should also be publicly identified. Tidak malu! :mad:

You wanna bet... :rolleyes: not in this life time...

Seems everytime some VIP, bigwig, tycoon, businessmen, government official, etc etc is involved and higlighted in the media - they always stay anonymous... until they get stripped of their title or assets... until then, they stay anonymous...

As for the man in the street... like you and me, our names will be on Page One for everyone to see... :eek: ...

As for our policemen... now tell me, why is USJ/Subang Jaya famous for cops hiding in corners, bushes, pillars,sidelanes and signboards... instead of patrolling the residential and business areas? Why are they always so busy with their road blocks at the USJ/PUCHONG exit and entrance... You can almost always find a whole bunch of them on motorbikes there... I guess it is easier to nab a whole load of traffic offenders there than to look for criminals elsewhere :rolleyes:

BTK
24-11-2005, 10:58 AM
Most importantly you must know your rights when confronted by law enforcers. They wouldn't dare to mess around with you if they know that you know your rights.

For this poor girl, she is a fresh driver & probably her 1st experience with cops, I would expect it was her most frightening experience & just innocently following instructions given by the cops (obviously the wrong instructions).

Some cops as usual, will try to practice(or is it abuse?) their power esp. on young new drivers.
:mad:

wAISEKMAo
24-11-2005, 01:56 PM
Now that the girl has been identified, the cop should also be publicly identified. Tidak malu! :mad:


Err...yes...all the cops should have the picture and particulars taken one by one and posted on the front page of star, NST and every other major newspaper to teach all the cop a lesson so they do not take it for granted.

VeeJay
24-11-2005, 03:31 PM
I think I have mentioned this before...all police cars should be fitted with camera, which would also protect the cop and the civilian...sinc everything is captured on camera, there will be no giving or taking!

GreenBug
24-11-2005, 03:54 PM
I think I have mentioned this before...all police cars should be fitted with camera, which would also protect the cop and the civilian...sinc everything is captured on camera, there will be no giving or taking!Yah VeeJay, if you watch the TV series where the "Best Police Videos" all patrol cars are fitted with a video camera on the front dashboard.... Perhaps after this posting, somebody is already at Bukit Aman doorstep with a "proposal to supply and fit....." already! Hmmmm Malaysia Boleh! :mad:

VeeJay
24-11-2005, 05:04 PM
Yah VeeJay, if you watch the TV series where the "Best Police Videos" all patrol cars are fitted with a video camera on the front dashboard.... Perhaps after this posting, somebody is already at Bukit Aman doorstep with a "proposal to supply and fit....." already! Hmmmm Malaysia Boleh! :mad:

They are aware of it...since they do send their people from the forces for a two week stint in oveseas and especially in US to supposingly study, survery and evaluate new technology and process trip..not "makan again" :D In states, atleast it police have to have their camera rolling when they issue the ticket so the bribery case hardly occurs....the only way I have bribed them was thru words of sorry sorry officer...was either rushing or new to the place...they check your driving record and if everything is clean, the let you go :D :D

USJ27Resident
25-11-2005, 01:03 AM
I think I have mentioned this before...all police cars should be fitted with camera, which would also protect the cop and the civilian...sinc everything is captured on camera, there will be no giving or taking!

Now tell me that the copper is gonna stand in front of the camera while he/she stupidly ask/takes a bribe :rolleyes: then this cop will be hung by his own comrades in uniform for being the dumbest cop on videotape.
... for one can always make the offender to step away from the camera while business is being done... and excuses made up...

VeeJay
25-11-2005, 09:34 AM
Now tell me that the copper is gonna stand in front of the camera while he/she stupidly ask/takes a bribe :rolleyes: then this cop will be hung by his own comrades in uniform for being the dumbest cop on videotape.
... for one can always make the offender to step away from the camera while business is being done... and excuses made up...

How much exciue can one make up? Everytime s/he stops a vehicle? Also its illegal, if the cop steps away from camera then its 'Non Conformance of Procedure'

fedup
25-11-2005, 10:23 AM
Let us all of us brace ourselves for the next episode. Now that the policeman have decided to take legal action all we have to do is to wait & see the outcome. I am wondering where is our YB Lee who contributed $5k towards the walk by SJ residents to contribute 5cents towards her defence in case she needs lawyers to defend herself. I am wondering why MCA & Gerakan is so silent on this issue. :eek:

tan_r
25-11-2005, 10:34 AM
Funny that you brought it up, what has LHB got to do with this?

orchipalar
25-11-2005, 12:54 PM
Err...the implicated cop...has refused to withdraw his civil suit against the student...still insisting that it is provided in the constitutions...hence it is his abosolute right to sue the student for defamation...as the bribery case reported against him...had caused him n his family much griefs n shame...

http://thestar.com.my/news/story.asp?file=/2005/11/25/nation/12692069&sec=nation

mackzulkifli
25-11-2005, 01:47 PM
Let us all of us brace ourselves for the next episode. Now that the policeman have decided to take legal action all we have to do is to wait & see the outcome. I am wondering where is our YB Lee who contributed $5k towards the walk by SJ residents to contribute 5cents towards her defence in case she needs lawyers to defend herself. I am wondering why MCA & Gerakan is so silent on this issue. :eek:

This is by far the most ridiculous statement I have ever heard. It's not only flawed on so many levels, it reeks of spinning an issue to coincide with political beliefs.

dragonfly
25-11-2005, 03:09 PM
If it is the policeman's right to sue somebody he feels had brought shame to him and family........what about those who had been wrongly/unlawfully detained and punished by the police and then released without any charges??

isarahim
25-11-2005, 03:28 PM
what about those who had been wrongly/unlawfully detained and punished by the police and then released without any charges??

...and without any compensation whatsoever, not even for lost salary!!!!

In countries with justice the victim will be compensated. If the victim has had defaming media exposure in the process, the compensation can be very large.

wAISEKMAo
25-11-2005, 03:59 PM
I think I have mentioned this before...all police cars should be fitted with camera, which would also protect the cop and the civilian...sinc everything is captured on camera, there will be no giving or taking!

The camera is only good for movies as far as it goes. When the handky panky happened, they will say tiada battery lar, camera rosak lar or move to the side for settlement.

VeeJay
25-11-2005, 06:07 PM
The camera is only good for movies as far as it goes. When the handky panky happened, they will say tiada battery lar, camera rosak lar or move to the side for settlement.

Simplelah my friend...if the camera not working, then they can't issue the ticket. period...so why need to bribe?

If the cop still issued the ticket, they need to show prove what is the offence.

USJ27Resident
26-11-2005, 09:04 PM
Err...the implicated cop...has refused to withdraw his civil suit against the student...still insisting that it is provided in the constitutions...hence it is his abosolute right to sue the student for defamation...as the bribery case reported against him...had caused him n his family much griefs n shame...

http://thestar.com.my/news/story.asp?file=/2005/11/25/nation/12692069&sec=nation

Question... Did he solicit for the bribe...? did he take the bribe...?? Then where did or... who took the RM304... :confused:

...and now the bugger wants to sue the girl for shame and grief...???? :confused: :rolleyes: The bugger ought to Praise his Lucky Stars or Patron Saint that he got off on a technicality... or he would be some prisoners' bit*h behind bars for taking the bribe...

Tak malu... first intimidate the girl, then claim innocent, waste court time and money, embarrased the force and country,... now tell the PARLIAMENT to fly kites (MYOB!) and still want to sue the girl... GO JUMP IN THE RIVER la... :mad:

USJ27Resident
26-11-2005, 09:06 PM
If it is the policeman's right to sue somebody he feels had brought shame to him and family........what about those who had been wrongly/unlawfully detained and punished by the police and then released without any charges??

NONE!!!!

GUILTY.... until proven innocent... :rolleyes:

errr... unless you are a cop... or a errr... politician... :p

GreenBug
26-11-2005, 09:18 PM
This case could set a precedent. If the case goes to court, there will be a can of worms opened to public, if the student's lawyer is someone like the Tiger of Jelutong (are you okay already, Sir?)... if the student loses her case, all the cops in the country would be strutting, not walking, strutting around with the blardy nose in the air. Bribery would go one level up???

So, tail we lose, head, the cops win! :mad:

GreenBug
26-11-2005, 09:24 PM
Wanted to say this sentence the whole afternoon, forgot. Here it is :

"Hello pak cik, ambil duit dari budak-budak, pak cik tak tau malukah? Nak sue-sue itu budak lagikah? Ayoh, apa sudah jadi masyarakat sekarang? Kalau tak takut Jema'ah Menteri, takutlah pada Tuhan...." :D

.... now I can go and sleep soundly!

USJ27Resident
26-11-2005, 09:40 PM
Wanted to say this sentence the whole afternoon, forgot. Here it is :

"Hello pak cik, ambil duit dari budak-budak, pak cik tak tau malukah? Nak sue-sue itu budak lagikah? Ayoh, apa sudah jadi masyarakat sekarang? Kalau tak takut Jema'ah Menteri, takutlah pada Tuhan...." :D

.... now I can go and sleep soundly!


Kahkahkahahaaa...

GOOD one lorrr... :D kasi sama dia kaw-kaw...

GreenBug
26-11-2005, 10:07 PM
Kahkahkahahaaa...GOOD one lorrr... :D kasi sama dia kaw-kaw...On a more serious note USJ27Resident, I think the story is not so simple. I personally do not think this low-ranked cop would take legal action just like that all by himself especially the legal fees could cost a bomb for a cop at his level - having already trying to get a couple of hundreds from the lady student.

There might be some hidden hands - udang sebalik batu - prodding him on and probably financing the whole damn suit to test the system, to test the resolve of the higher-ups in their fight against corruption, for all you know some politikus from a different camp is prodding the cop on with this suit. Dunno, just think that it is not that simple, even the cabinet's wish for the case to be dropped also dare to refuse.... lets all wait and see! :rolleyes:

cactuc1
26-11-2005, 11:39 PM
Interesting to see how the court will handle this case amist Political pressure , public pressure..Feel funny that high ranking ministries made comments as what should and not should..Will this effect the court decisions?..Aiyo..Malaysia Courting also one issue..

As a citizen..well of course i side with the victim..Hehe..

mackzulkifli
26-11-2005, 11:57 PM
On a more serious note USJ27Resident, I think the story is not so simple. I personally do not think this low-ranked cop would take legal action just like that all by himself especially the legal fees could cost a bomb for a cop at his level - having already trying to get a couple of hundreds from the lady student.

There might be some hidden hands - udang sebalik batu - prodding him on and probably financing the whole damn suit to test the system, to test the resolve of the higher-ups in their fight against corruption, for all you know some politikus from a different camp is prodding the cop on with this suit. Dunno, just think that it is not that simple, even the cabinet's wish for the case to be dropped also dare to refuse.... lets all wait and see! :rolleyes:

Yes, it does seem oddly suspicious that a lowly ranked cop is going to stand up all by himself against the advice of the cabinet. This will be something to watch very closely.

orchipalar
27-11-2005, 12:05 AM
Yes, it does seem oddly suspicious that a lowly ranked cop is going to stand up all by himself against the advice of the cabinet. This will be something to watch very closely.
Err...dear MackZulkifli:)...that's what they want everybody to think...ahem...Orchi says...with cases of 'millions' dollar officer cops on the loose(royal commission report?)...who to say that these 'low' ranked cops...could NOT be making hundreds of thousands...??? :eek:

Ahem...IF freaking snatch thief(mice) could afford a couple of luxury cars...n a nice house in USJ...think about the possibility...how 'felix' might get in return...for soliciting bribes...for donkeys of years...err...from EVERYBODY!...including illegals...students...old folks...towkay kedai...towkay ekor...traffic offenders...petty traders...law breakers...etc etc etc... :mad: