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Y.Bhg Tan Sri Abdul Gani Patail, Attorney General of Malaysia,

1.      ACQUITTED MAN RE-ARRESTED (THE MALAY MAIL 28/2/2007 PG 3)

2.      60,000 PSYCHOTROPIC PILLS HELD BY POLICE AS EVIDENCE MISSING AT HIGH COURT PROCEEDINGS (NST 7/4/05 FRONT PAGE)

3.      HIGH LEVEL POLICE TASK FORCE TO INVESTIGATE INEFFECTIVE AS POLICE END UP INVESTIGATING THEIR OWN CRIME.

4.      POLICE ARE HOWEVER QUICK TO REARREST ACQUITTED MAN UNDER OBSOLETE EMERGENCY LAWS.

5.      URGENT IMPLEMENTATION OF THE IPCMC.

With all due respect may we refer to the above matters. We are concerned by the police inaction and/or ineffectiveness and/or inefficiency in properly investigating and recommending prosecution against the  policemen etc who are responsible for this missing 60,000 psychotropic pills held by police as evidence missing at High Court proceedings on 6/4/05 (NST 7/4/05 front page).

“Three boxes supposedly containing pills turned up empty, save for the aluminium foil and some powdery residue” (The Malay Mail 28/2/2007 pg 3). At a meeting on 9/3/2006 at Parliament House with (Law) Minister Dato’ Seri Nazri Aziz when presenting our Malaysian Police Report Card 2005 calling for the urgent implementation of the Independent Police Complaints and Misconduct Commission (IPCMC) by 31/5/2006 with Independent Investigation and prosecution powers and unlimited funding in realising a world class Royal Malaysian Police Force we had specifically referred to and highlighted to the said Minister paragraph 22 of the Executive Summary thereto on this missing pills matter.

We view this episode as about the worst case scenario of police abuses, police inefficiency and police inheriting the “above the law mindset”. We wonder if this 60,000 psychotropic pills has been “plouged back” and/or “recycled” into the drug market and/or if the real culprit had been let off the hook and thereby creating a win win situation.

It is almost one year now since this shocking finding was exposed even on the front page of the News Straits Times on 17/4/2005. The immediate police reaction was the setting up of a task force led by then CID Chief Assistant Commissioner Omar Mammah to investigate this clear cut case. What ever happened to the investigations?

We hereby humbly call upon your goodselves to forth with prosecute the relevant policemen involved.

To the contrary the police moved in with “lightning speed” to “safe face” and/or as a “short cut and/or summary justice measure” and within hours to rearrest the man acquitted by the Shah Alam High Court by abusing the obsolete Dangerous Drugs Act 1952 which may in any event amount to contempt of court.

Kindly also urgently recommend to the Prime Minister the urgent need for the implementation of the IPCMC with independent investigation, and prosecution powers and with unlimited funding.

We hereby also appeal to your goodselves to propose revoking obsolete laws like Gaming Act 1972, Internal Security Act 1960, Drug Dependants Act 1983, Dangerous Drugs Act 1952, Emergency Ordinance 1970, Prevention of Crime Ordinance 1957, Restrictive Residence Enactment 1933 and Firearms Increased Penalties Act 1971 which provides for arbitrary detention without trial.

This is especially so when Malaysia would be celebrating its 50th year Golden Jubilee Independence Celebrations this year and for the fact that Malaysia is far from being in a state of Emergency. These obsolete laws if retained would further encourage police inefficiency, police abuse of powers and police above the law mindset resulting in some innocent people being detained without trial and the real criminals being on the loose. We are of the view that these obsolete laws are also contributing to the current surge/rise in crime rate.

Your kind indulgence in this matter would be greatly appreciated.

We apologise for any inconveniences incurred and mean no disrespect to your goodself. We are merely bringing this matter to your attention in the general public interest.

Thank You,

Yours Faithfully.

P.Uthayakumar,
Legal Adviser

s.k      1. Y.A.B. DATO’ SERI ABDULLAH AHMAD BADAWI
Prime Minister of Malaysia
And Minister of internal Security
Block Utama,                                            Fax: 03-88883444/post
Bangunan Perdana Putra,                                        Email: reduceredtape@pmo.gov.my
Pusat Pentadbiran Kerajaan Persekutuan,                         Email: abdullah@kdn.gov.my
62502 Putrajaya.                                                Email: ppm@pmo.gov.my

2. Y.A.B.Dato Seri Mohd Najib bin Tun Haji Abdul Razak
Deputy Prime Minister                                           Fax: 88883973
Jabatan Perdana Menteri Aras 4 Block Barat                              Post
Bangunan Perdana Putra
Pusat Pentabiran Kerajaan
Persekutuan 62502
Putrajaya

3.Y.B.Dato’ Seri Mohamed Nazri Bin Abdul Aziz
(Law) Minister the Prime Minister’s Department                          Fax: 88894177 / Post
Chairman
Parlimentary Human Rights Caucas,
Aras 4 Block Barat, Bangunan Perdana Putra
Pusat Pentabiran Kerajaan, Persekitaran 62502
Putrajaya.

4.Y.Bhg Tan Sri Musa Hassan
Inspector General of Police
Ibu Pejabat Polis Di Raja Malaysia                                      Fax: 22731326 / Post
Jalan Bukit Aman
Kuala Lumpur

5.Y.Bhg.Tan Sri Abu Talib Osman,
Chairman Human Rights Commission Of Malaysia (Suhakam)
Tingkat 29,Menara Tun Razak
Jalan Raja Laut                                         Fax:26125660 / Post
Kuala .Lumpur.

Hd7/PWHRC28-2-2007/AGAacquittedmanre-arrested/SP