KUALA LUMPUR, Aug 18 — Inspector-General of Police (IGP) Tan Sri Razarudin Husain clarified today that the police officer caught on camera assaulting a deaf e-hailing driver was disciplined for a separate matter.

He said that the investigation paper on the assault case had been submitted to the Attorney-General’s Chambers (AGC) last month for further action.

“If we continue with internal investigation for the same assault case (on top of the criminal probe), it will be double jeopardy,” he said, as quoted by Malaysiakini.

Double jeopardy is a procedural defence that prohibits anyone from being prosecuted in court twice for substantially the same crime.

When contacted, the IGP clarified with Malaysiakini that the disciplinary action was not over the assault case but for the police personnel’s failure to declare his assets.

Razarudin explained that failing to declare assets was a breach of the Standing Orders of the Inspector-General of Police, and the officer received a warning.

In May, Ong Ing Keong lodged a report alleging that a police personnel escorting Johor Regent Tunku Ismail Sultan Ibrahim had assaulted him outside a hotel in Kuala Lumpur.

On Wednesday, the 48-year-old and his lawyers released a video of the incident, expressing frustration over the lack of progress in getting justice.

Following this, Razarudin told Bernama, “Investigations were conducted last July, and disciplinary action has been taken.”

He added that continuing an internal investigation for the same assault case would constitute double jeopardy, as internal disciplinary action is not a court action.

However, Razarudin said, “If the officer has been convicted of the charge, we will definitely take action against the officer involved.”

On the criminal probe, Razarudin said the police had first submitted an investigation paper in June.

He mentioned that the AGC asked for the full medical report, and the complete investigation paper was resubmitted on July 27.

The officer is being investigated under Section 323 of the Penal Code for causing voluntary hurt.

According to Bernama, the police had taken disciplinary action against a security escort personnel accused of assaulting a disabled (PwD) e-hailing driver at a hotel in Kuala Lumpur on May 28.

Inspector-General of Police Tan Sri Razarudin Husain said internal action against the officer was taken by the Department of Integrity and Standards Compliance (JIPS) at Bukit Aman.

The investigation papers concerning the case were resubmitted to the AGC following instructions for further investigation on July 22.

On June 5, Razarudin said that the investigation papers had been referred to the Deputy Public Prosecutor’s Office on June 4 for further action.

He said that 12 individuals, including the victim, hotel employees, and the VIP escort officers involved, were called to give their statements.

https://www.malaymail.com/news/malaysia/2024/08/18/igp-cop-disciplined-for-asset-declaration-failure-double-jeopardy-prevents-action-on-e-hailing-driver-assault/147414