KUALA LUMPUR – The lawyer representing Malaysian Border Control and Protection Agency (AKPS) Director-General Datuk Seri Mohd Shuhaily Mohd Zain has questioned why a former police officer's allegation of assault dating back to 2015 has resurfaced only after more than a decade.
Muhammad Rafique Rashid Ali questioned the timing of the allegations, which concern an incident said to have occurred when Shuhaily was serving as Hilir Perak district police chief and whether the latest development could create a negative public perception of his client.
“Why suddenly now, after more than a decade and what has the complainant been doing from 2015 until now?
“Has he lodged a complaint with the police's Integrity and Standards Compliance Department (JIPS) or taken other action?” he asked.
Rafique was responding to a statement issued on Wednesday by Kamal Hisham, the lawyer representing the former police officer, who urged the Attorney-General's Chambers (AGC) to review a police report lodged on Nov 19, 2015.
Kamal alleged that his client had been subjected to assault by Shuhaily while the latter was serving as Hilir Perak district police chief. He also claimed that his client encountered various difficulties in his service after lodging the report, eventually leading to his dismissal from the police.
Rafique said the alleged incident should be considered in its legal context, adding that criminal offences were not subject to the same time limits for initiating proceedings as certain civil claims.
“If the AGC or the police want to investigate the report further, they are welcome to do so. However, the question the public should consider is why is this matter being raised now?” he said.
He emphasised that the decision on whether the case warranted prosecution rested with the AGC.
Shuhaily was previously charged at the Sepang Magistrates' Court on Oct 21 under Section 323 of the Penal Code in connection with an alleged assault involving two police officers.