Commission should be given powers to prosecute, says expert

KUALA LUMPUR: The Independent Police Complaints and Misconduct Commission (IPCMC) should be given prosecutorial powers for it to carry out its responsibility.

Law expert Professor Datuk Salleh Buang said the Enforcement Agency Integrity Commission (EAIC) formed under former prime minister Tun Abdullah Ahmad Badawi proved to be ineffective because it only had powers to recommend.

“EAIC can only make recommendations. It has no clout. Cases of abuse and misconduct continue.

“The Bar Council had long recommended that the new body should have the power to prosecute.

“Under the Securities Commission Act and the Securities Industries Act, the Securities Commission has the power to prosecute. If we want IPCMC to have any bite to do its work, it has to be given prosecutorial powers,” he told the New Straits Times.

Salleh said IPCMC’s independence must be spelt out and ensured in the new law.

“A Royal Commission of Inquiry (RCI) had recommended in 2005 that IPCMC must be an independent body.

“Its independence, not subject to any external influence of control, will inspire public confidence that it can do the job it is entrusted with.

“IPCMC members must be people of standing, proficient in police matters, and well known for their integrity and sense of justice.”

He also proposed that the IPCMC Bill be made available as part of a Consultation Paper for the public and stakeholders.

This was so they could give their feedback to the government, in line with the principles of good governance, he said.

Salleh said the establishment of the IPCMC was long overdue, adding that it was the best authority in the form of an external and independent body to check on the police.

“The IPCMC is an independent and external body. Its establishment is the natural next step after the establishment of GIACC (National Governance, Integrity and Anti-Corruption Centre) and the launch of the National Anti-Corruption Plan.

“I am aware that two former inspectors-general of police, Tan Sri Mohamad Fuzi Harun and Tan Sri Musa Hassan, were against the IPCMC. Musa was quoted as saying that amending Article 140 of the Federal Constitution to give IPCMC disciplinary control could lead to ‘the manipulation of the police force’. However, another former IGP, Tun Mohammed Hanif Omar, is supportive of the idea.

“Former Court of Appeal Judge Datuk Mah Weng Kwai said IPCMC would ‘not necessarily work against the police force’. He also said the IPCMC bill was drafted by the RCI in 2005, its formation being one of the recommendations at the end of the RCI.”

Salleh said the IPCMC should also oversee the police in matters of discipline.

“Receive and investigate complaints against police personnel on abuse of power, corruption, misconduct, dereliction of duty, wrongful arrest and false imprisonment, failure to investigate, assault and excessive force, mistreatment at police stations or lock ups, discrimination, unlawful stop and search.

“Take enforcement measures against any member of the police force for breach of discipline or misconduct.”