Assault on driver: IGP's clarification contradictory, fundamentally wrong - lawyer

Assault on driver: IGP's clarification contradictory, fundamentally wrong - lawyer

Published: Aug 18, 2024 9:38 PM


Lawyers for Liberty’s adviser N Surendran has criticised Inspector-General of Police Razarudin Husain’s clarification regarding disciplinary action against a police officer caught on camera assaulting a deaf e-hailing driver.

Speaking to Malaysiakini, Surendran said that the IGP’s explanation was contradictory and fundamentally wrong - particularly regarding double jeopardy.

“This new statement from Razarudin is baffling and contradictory. On Friday, he stated that disciplinary action had been taken against the police officer involved in the assault.

“Today, he says that the disciplinary action against him (the police officer) was for a completely different matter, unrelated to the assault.

“The entire country had been wrongly given the impression that the disciplinary action was for the assault,” the lawyer added.

Wrong understanding of double jeopardy

Razarudin had told Malaysiakini today that the officer involved was disciplined - in the form of a warning - for failing to declare his assets, and not over the assault case as previously implied.

The IGP explained that conducting an internal and criminal probe against the officer would constitute double jeopardy.

However, Surendran (above), who is also the victim’s lawyer, said this understanding is wrong.

“It is no such thing. Article 7(2) of the (Federal) Constitution enshrines the rule that a person cannot be tried twice for the same offence, which only applies to criminal offences. The rule does not bar an internal disciplinary inquiry and punishment,” he pointed out.

He added that in the view of clear evidence, it was the police and prosecutors’ duty to institute both disciplinary action and criminal prosecution for the case.

IGP Razarudin Husain


Despite the double jeopardy argument, Razarudin had also said that action would be taken if the officer was convicted in the assault case.

In May, e-hailing driver Ong Ing Keong filed a report claiming that a police officer escorting Johor Regent Tunku Ismail Sultan Ibrahim assaulted him outside a hotel in Kuala Lumpur.

On Wednesday, Ong and his lawyers released video footage of the incident, expressing frustration over the lack of progress in seeking justice.

Dash-cam footage showing Ong Ing Keong being assaulted


Razarudin said the investigation papers for the case had been submitted to the Attorney-General’s Chambers last month for further action.