The Malay Mail Online
July 15, 2013
KUALA LUMPUR, July 15 – The proposed establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) is consistent with the Federal Constitution, according to Tun Mohamed Dzaiddin Abdullah.
Offering his views on IPCMC’s legitimacy under the Federal Constitution, the former chairman of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police (PDRM) made a reference to Article 140.
“Article 140 thereof provides that Parliament may by law provide for the exercise of Police Force Commission’s disciplinary control over members of the police force in such manner and such authority as may be provided in that law.
“Therefore, there can be no doubt about its consistency with the Federal Constitution,” he said in a statement today.
His remarks followed a recent statement by Home Minister Datuk Seri Ahmad Zahid Hamidi that the proposed setting up of IPCMC would result in “overlapping jurisdictions and laws among the country’s enforcement agencies”, and was “not in line with the Federal Constitution and was against the concept of justice”.
With the intention of facilitating a more informed debate about the IPCMC, Mohamed Dzaiddin quoted several passages of the Police Royal Commission of Inquiry Report which stated that:
“One effective means of ensuring that doctrines, laws, rules and procedures are observed and implemented is by the establishment of an external oversight body. This method has been adopted by many modern policing systems whose experience has been that internal mechanisms alone are inadequate, unreliable and frequently ineffective.”
The 2005 report, as cited by Mohamed Dzaiddin, also said that: “Purpose: IPCMC shall conduct oversight of police and in this regard perform the following main functions:
– receive and investigate complaints about PDRM and its personnel;
– prevent, detect and investigate corruption and other serious misconduct in PDRM;
– propose measures to the Minister of Internal Security to improve police integrity, reduce misconduct and build public confidence in PDRM.”
The report further stated that “it (IPCMC) will work closely with the Police Force Commission and PDRM’s Disciplinary Division”. – Bernama
#1 by omeqiu on Tuesday, 16 July 2013 - 10:17 am
Tun Mohamed Dzaiddin Abdullah, nobody listens to has-beens except to Tun Mahathir. You are wasting your twilight years.
#2 by sheriff singh on Tuesday, 16 July 2013 - 10:58 am
One could also argue that as the RCI was appointed by the King (and Rulers) and they have not expressed any objections to the Commission’s recommendations and their implementation, any holding back by the government would be disobeying their Highnesses who care very much for the citizens. Doesn’t the PDRM carry the ‘Royal’ title?
If the government has any objections, let them list them down clearly and explain why. No point just giving mumbo-jumbos and twisting around. But I forget, Najib is in charge, isn’t he?
#3 by sheriff singh on Tuesday, 16 July 2013 - 10:58 am
One could also argue that as the RCI was appointed by the King (and Rulers) and they have not expressed any objections to the Commission’s recommendations and their implementation, any holding back by the government would be disobeying their Highnesses who care very much for the citizens. Doesn’t the PDRM carry the ‘Royal’ title?
If the government has any objections, let them list them down clearly and explain why. No point just giving mumbo-jumbos and twisting around. But I forget, Najib is in charge. He is, isn’t he?
#4 by sheriff singh on Tuesday, 16 July 2013 - 10:59 am
How come I end up with twin comments? Is there a phantom at work on this site?
#5 by lee tai king (previously dagen) on Tuesday, 16 July 2013 - 1:43 pm
The Royal Commission is legally and factually the King’s Commission.
In other words, umno disobeyed the King by not complying with the recommendations.
#6 by negarawan on Tuesday, 16 July 2013 - 10:29 pm
The crime rate in Malaysia is already at a shameful level and the so-called home minister and IGP have the thick skin and audacity to declare dropping crime figures to mislead the public. How can crime be reduced when police also involved in crime, and don’t even have good investigation skills? There is no leadership at all in PDRM!
#7 by Loh on Wednesday, 17 July 2013 - 5:44 pm
///The report further stated that “it (IPCMC) will work closely with the Police Force Commission and PDRM’s Disciplinary Division”///–the author
If the PDRM’s Disciplinary Division and the Police Force Commission has a say in IPCMC on the conduct of officers under investigation then the objection to IPCMC on the ground that police lost the right to appeal is nonsense, since the Disciplinary Division’s action is accepted by the police force. Of course with IPCMC, the PDRM’s Disciplinary Division decision has to be tenable and accepted by IPCMC. It is the fear that with IPCMC, the PRDM’s Disciplinary Division will lose it right to ‘you help me and I help you’. All other arguments are just to cover this up.