Staking out the only way to go
A PRIVATE investigator (PI) trails an adulterous husband to a motel room. The door opens and a sexy woman passionately tugs him towards her for a kiss as the door closes.
Luckily, the PI catches everything on camera. All in a day’s work.
If only, says Wan Zairi Afhtar Ishak, director of My Private Eye Consulting Sdn Bhd.
“That only happens in the movies and on TV. In the real world, PIs have their work cut out for them when surveilling a cheating spouse,” says the Kuala Lumpurbased cop-turned-PI.
And it’s not even half as exciting as Hollywood makes it out to be, Zairi adds.
The bulk of the work involves waiting in the car, standing around and more waiting.
As for photographic evidence, the “money shots” – the most incriminating shots that PIs usually get to prove that someone is having an affair – are of the alleged lovebirds in the car or meeting in a hotel lobby, romantic restaurants and any public space.
“It’s a lucky day if we catch them being intimate and passionate like holding hands or gazing at one another. Any PDA (public demonstrations of affection) like hugs and kisses are heaven-sent!”
Zairi explains that in Malaysia, PIs are bound by the law when carrying out their jobs.
“We are governed by the Private Agencies Act 1971, which explicitly states that we cannot violate the country’s law when on the job, so we cannot enter private premises without permission as that is trespassing under the Penal Code.
“We cannot get access to a person’s financial and medical records as they are sensitive information under the Personal Data Protection Act 2020 (PDPA). We are also restricted by various by-laws.”
Surveillance and taking photographs in public spaces, however, are legal as Malaysia lacks a Privacy Act at present.
“By following them around, we get the pattern of their behaviour and movement, and that can establish if he or she is being promiscuous or having an affair.
“Anyway, if we catch them in the (sexual) act, the photo or video evidence is likely not admissible in court as its validity under the law will be questioned – whether they were doing it in a public or private space,” Zairi notes.
Concurring, Paramjeet Singh, managing director at private investigation agency MVD International Sdn Bhd, points out that while the individual pieces of evidence may be circumstantial, when put together, they tell a “story” – establishing a routine and relationship that can be presented in the court of law as evidence.
“That is why we need to follow and surveil the target for a few days to find the pattern in their behaviour, movement and activities.
“It is the same if we want to establish the character of the target (person being investigated) – if he is a womaniser or playboy, then we need to get pictures of him with different women on different days: today with one woman at a party, the next day with a different woman, another day with another woman, at parties and clubs.”
Like Zairi, Paramjeet laments how TV and movies have misled the public here about PIs.
Due to the influence of TV and cinema, he says, some clients have over-expectations of what evidence they can get and how fast they can get it.
“Some people think you can get anything and everything for evidence, as in some of the TV series they have seen. Or that the PI can finish their investigations in less than a day, so they ask us to surveil their spouse for one day and get all the dirt on them, or they hire us a day before they go into court.
“Sure, some information is available in the public domain so it can be obtained easily, but most of the time it is not easy as we are bound by the laws of the country such as the data protection law and criminal laws,” he says.
What about that common scene we have seen in many a show and movie then, where the couple or their silhouette are caught on camera undressing or being intimate at the window before they draw the blinds or turn off the lights? Paramjeet only laughs. “Never happens. First, we are not authorised to go into private places. Second, who is going to undress or make out in front of the window in real life?” he argues.
Many clients now also expect the PIs to tap their cheating spouse’s phone or hack into their social media accounts and e-mail, as well as to bug and install hidden cameras at the targets’ home.
Zairi quickly sets the record straight.
“Our technology is not there yet. Bugs and hidden cameras cannot be installed without legal access to the target’s place.
“As for mobile phones, they are difficult to tap unless you have permission from the telcos and police. What we can do is to ask the clients to get the spy software and install it in their spouses’ devices, or buy a new phone as a gift for their spouse and we will help install the spy software. Even then, if the spouse reformats the new phone, everything will be lost.”
One good thing about the media spotlight on PIs, however, is the rising awareness of the importance of gathering evidence for divorce proceedings, especially if infidelity is the grounds for it.
Both Zairi and Paramjeet report that investigations into cheating spouses or adultery make up some 60% of the cases they get.
Some are referred to the agency by lawyers, but most clients come to them directly, they say.
“Most of the time, they already have the suspicion that their spouse is having an affair with another person, so they engage us to get the evidence to prove or disprove their suspicions.
“Many say they don’t want to make any hasty decisions about leaving their spouse and walking away from their marriage based on their gut feeling or instinct.
“They want hard evidence to show that something is happening before they make the decision to file for divorce or separation.
“That’s where we come in – to provide the hard evidence,” says Paramjeet.
According to Zairi, hiring PIs is also a growing trend for divorce cases in the Syariah court.
“You need evidence if you want to file for divorce because your husband is a womaniser or having an affair, and is neglecting his responsibilities towards you and your children.
“You definitely need evidence if you want to ask for fasakh (annulment in Islam), which can be granted by the court,” he says, adding that it is also the job of the PI to advise clients on what evidence is admissible in the court of law and what is not.
And contrary to the common belief that the men are always the philanderous partner, Zairi and Paramjeet share that they have received a growing number of jobs from men who suspect their wives were cheating on them.
The lifestyle trends have changed, Zairi concedes. “It is quite equal, almost 50-50 of men and women are engaged in adultery in the cases we get.”
Crucially, investigations can help both genders in their divorce cases.
“Sometimes the evidence we gather helps the woman to get a better deal from the separation of assets and alimony. Then there are cases like one where a socialite was having an affair, so her husband hired us because he wanted custody of the children and protect his assets. With our evidence, he won his case and she got nothing,” Zairi shares.
Paramjeet tells of cases where the men wanted custody of their children because of their ex-wife’s behaviour or activities they were involved in, or because of the new person in her life.
“Many have asked for their ex-wife’s new partners to be investigated as they don’t want their children to be subjected to a violent or irresponsible stepdad, for example.”
He opines that what would help is more sharing of information between the police and PIs or more access to sensitive information for PIs.
“I wish more information was available for us to extract such as financial information and criminal records, and that other confidential information available to the police can also be granted to us.
“In some places like the United States, Australia and many parts of Europe, the PIs are granted access to certain sensitive information in order for them to solve their investigation because they are licensed.
“For certain confidential information such as banking information, they would need to apply for authorisation from the authorities.
“In Malaysia, we don’t even have that channel to obtain essential information that would help us solve a case, so our investigations face a roadblock most of the time.”
Paramjeet stresses, “As we are licensed, we are bound by certain boundaries, responsibilities and ethics, and we have to work within those limits set. So, I think it should be good for us to have the access to the information that would help us in our cases.
“Of course we have to be responsible with the information, but it would help us move forward in terms of our investigations.”
He claims there are many cases where their clients, especially women, are in the dark over the amount of funds, accounts and assets her spouse has.
“It is unfair for any woman to go through her divorce proceedings without this crucial information, which she needs to know for the negotiations of her terms of divorce.
“And in many cases, if the partner is not willing to disclose the full information, there are no proper channels for the client to get the information.”
Ultimately, it is important for people to ensure that the PIs they are hiring have valid licenses and are reputable.
“Make sure they have a proper office too. There are a lot of unlicensed PIs out there and unscrupulous ones who just take clients’ money and don’t do any real investigation,” warns Paramjeet.
Zairi agrees, cautioning the public against those who also promise too much.
“It’s important to go to a legitimate and recognised private investigator so that the opposing lawyer cannot question the credibility of the evidence.
“If the investigators cannot produce their licence in court, for example, the evidence might get thrown out.
“You also need to make sure that a valid report with proper documentation such as photographs and surveillance logs are included so that the court will accept it.”