Comments to Malaysiakini.com.my

Let it be said from the very outset that the first information report made by the complainant to the police is the most important document for the defense or accused person because it frames the charge and therefore limits the evidence that will be allowed in evidence. It is not a joke that if there is no first information report, then it has to be concluded that no report was made and that being the case” there is no case to meet”. In this respect, from the public utterances of BN ministers and the PM himself raise very serious suspicion that the police and the Barisan National Government are not clean and that their pressure that is brought to bear on Anwar has an ulterior agenda and it is not a good one. I SAY TO DATO SERI ANWAR THAT HE MUST NOT GIVE IN TO POLICE REQUEST TO GIVE UP HIS DNA.

The law requires the police to give to an accused person a copy of the first report and that being the law, now that Dato Seri has been charged HE IS BY LAW ENTITLED TO OBTAIN A COPY OF THE REPORT. I too have a similar experience and I can say with personal experience that the judges, police and the whole apparatus of law enforcement in Malaysia believe they have power to act with impunity. In this case of the entitlement of Anwar to obtain a copy of the first information report and the police rejection of Anwar’s right in law is a classic case of police abuse of their powers. The right of Anwar in law is provided in the rules of evidence and criminal procedure; and yet he is improperly obstructed from enforcing his rights; what does that say of our Malaysian apparatus of law ?

However there is an application that compels a defendant to do what the law requires him to do and that is a writ of mandamus which is stated in wikipedea .com in these terms :

“A more exact definition of a peremptory writ of mandate is "a final order of a court to any governmental body, government official or a lower court to perform an act the court finds is an official duty required by law."

Therefore as I stated above the law requires the police to give to Anwar the first information report; and they have refused so this will give Anwar a cause of action to sue the investigating police officer, his superior police officer and even the IGP. I am confused why Anwar’s defense team has not intiated a suit in Mandamus ? Such an action will put the IO to great expence to defend himself, so I advice Anwar and his defense team to sue the Investigating officer. This is the law and why is it that we Malaysians do not do more to sue Government Officers who act with impunity to be accountable in civil suit is a matter that we must exercise more often. The Laws are sufficient to hold them accountable only it is our lawyers who do not know that these causes of action are available.