There is nothing to be concerned about the allegation that preacher Zamri Vinoth appears to have been released from police custody mere hours after police secured a two-day remand order against him.
Sadly, the police or government seemed to have failed to confirm or deny this.
A suspect being investigated need not be arrested or remanded for the purpose of investigation, as the police can investigate without any arrest or remand.
Why should an alleged suspect be kept in police custody for the purpose of investigations, possibly having to spend time most of the time being detained in a police cell, whose conditions are [often] bad. There have been too many cases of alleged torture and even deaths in police custody in Malaysia.
We recall that there have been many who were not remanded or even arrested for the purpose of investigation – but they were charged in court, tried and even convicted, as happened in the case of ex-Prime Minister Najib Razak. Are arrest and remand-free investigations just for the elites and the upper class?
Remand detention for the purpose of investigation should be the rare exception, not the norm. Remand detention can be perceived as pre-trial punishment, and it is wrong because a suspect and even accused person is presumed innocent until convicted by court after a fair trial.
We must adhere to the legal principle concerning arrest and remand in Malaysia, which was also stated by Harun J in the PP v Tan Kim San [1980].
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It is public knowledge that crime is rampant and that the police have a difficult job to do. But there are adequate provisions in the Criminal Procedure Code giving the police powers to release persons on bail after arrest pending investigations: see ss. 28, 29, 387 and 388 of the Criminal Procedure Code. The procedure to be followed, therefore, should be to investigate first and arrest later. In cases where it is more expedient to effect an immediate arrest, the police should release the person arrested on police bail if investigations cannot be completed to enable a charge to be preferred before the Magistrate.
Some may allege that these arrest-and-remand detentions may be an abuse of power, maybe also to simply ‘enrich’ some bad police officers and others. It can be alleged that detained suspects enrich those with contracts to supply food to police cells, where payment may be based on the number of suspects in detention.
As seen in movies, to make a phone call, to get some food from outside or even a cigarette, all that a suspect in custody needs to do is pay some police officer, sometimes ‘a lot of money’, and that will get the suspect what he wants, [and this] may also be happening in Malaysia.
The police resistance to placement of CCTV cameras in all places in a police station may also be because it may [allegedly] jeopardise wrongful ‘side income-generating activities’ and other abuses.
The police or government cannot ‘punish’ any suspect using the remand detention. Sometimes, those remanded say that most of the time, they ‘suffered’ in cells, and sometimes were never even getting called up for any investigation by the investigation officers. Thus, Malaysians Against Death Penalty and Torture (Madpet) calls for an end to such abuse of powers through unnecessary arrests and remand detention.
In the case of Zamri Vinoth and even the earlier case of Nabil Ahmad, Azad Jazmin John Louis Jeffri, Radin Amir Affendy and others who made fun of a Hindu practice, evidence may be obtained without any real need to arrest and remand them for investigations. Arrest and remand should never be used for the purpose of showing that the police are taking action.
Once, investigations are complete, law enforcement will submit the evidence acquired, and then the public prosecutor will charge them in court. Sometimes, it may take some time, as prosecutors may require more evidence. Remember, no one ought to be charged until the prosecutors believe they have sufficient evidence to prove to the court that the accused is guilty beyond reasonable doubt or that there is a prima facie case at the very least.
‘Wounding’ religious feelings
Sirajuddin [Jakim director general Sirajuddin Suhaimee] stressed that insulting religion is an immoral, inappropriate and intolerable act in any harmonious society. He also urged an immediate end to religious insults, calling on all parties to act prudently and responsibly when using social media and refraining from making statements, remarks or writings that could offend religious or racial sensitivities. – Malaysiakini, 29 March
Madpet believes he is rightly referring to all religions in Malaysia.
As such, Madpet states that all who have committed the crime of injuring the feelings of people of other faiths or religions should be charged in court and accorded a fair trial.
For such crimes, administrative actions like compound offers by a minister or ministry/department may not be the best solution, more so when if the minister or prime minister is of the same religion as the alleged perpetrators.
Charging them in court is just, and courts will [consider] an apology and other matters when it comes to sentencing. There should be equal treatment under the law, irrespective of the religion of the perpetrators or the victim.
Nobody wants to promote a perception that Malaysia will take no action against Muslims who commit crimes against other minority religions in country, as this may be inconsistent with the Malaysian policy of respect for all religions and the rule of law.
If Zamri has not yet been released, then Madpet calls for Zamri and others in remand to be released, more so as Hari Raya is approaching, and investigation officers may be on leave and not available to conduct investigations that require the personal attendance of suspects at this time.
Remember that a remand is just for the purpose of investigations and not for any other reasons.
Most suspects will turn up at the police station, when required by the investigation officer tasked with investigating him or her. So, there is really no reason to keep them in remand detention, except for exceptional reasons like [if the suspect is a] flight risk or there is a risk that the released suspect may tamper with evidence or witnesses. This requires not mere suspicion but a reasonable suspicion based on some evidence. More so, in these modern times, we have electronic tracking, CCTV and better border control, so the risk of any suspect absconding is minimal.
Suspects are presumed to be innocent, and should not be deprived of the right to celebrate Hari Raya or some other religious or family events. After all, many suspects who suffered remand detention may never even be charged in court at the end.
Worse, Malaysia does not even have a law that will compensate those unnecessarily arrested and remanded, which naturally will affect their lives, their jobs, their income-generating activities, their family life and maybe their image. We need such laws, as most victims tend to be poor.
Madpet calls for the enactment of a law that will provide compensation for those ultimately found to be wrongly arrested or detained.
Madpet also calls for non-interference by the prime minister, minister or government in the administration of criminal justice in Malaysia.
The police and law enforcement duty is only to investigate to find the needed evidence to prove the commission of the crime.
Prosecutors decide on the sufficiency of evidence to charge anyone in court, and then prosecute to prove to the court that the accused is guilty beyond reasonable doubt.
Judges evaluate the evidence, determine guilt and impose a just sentence, if convicted. – Madpet
Charles Hector released this statement on behalf of Malaysians Against Death Penalty and Torture (Madpet).
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
