The Penang Taskforce on Custodial Deaths has questioned the limited powers of the Enforcement Agencies Integrity Commission (EAIC).

Taskforce committee member Jagdeep Singh Deo asked why the Malaysian Anti-Corruption Commission (MACC) and Prisons Departments are excluded from the EAIC’s purview.

The custodial deaths have also occurred in these institutions and need to be probed by the EAIC, Jagdeep said in a press conference today.

Accompanying Jagdeep were fellow taskforce members Deputy Chief Minister II P Ramasamy and Seberang Jaya assemblyperson Dr Afif Bahardin ( photo ).

Jagdeep said the EAIC was formed after calls for the Independent Police Complaints and Misconduct Commission (IPCMC) “fell on deaf ears”.

The Penang executive councillor noted that there were four incidents of deaths in prison (3) and hospital (1) since January this year.

“There are 20 enforcement agencies to which the 2009 EAIC Act applies.

“This include the Royal Malaysian Police but the act specifically excluded the MACC, while silent about the Prisons Department, why?” Jagdeep queried.

A judge in his own cause

Jagdeep also noted that the police has formed a unit called Jabatan Integriti Pematuhan Standard (JIPS) to probe its own members.

However, he said this was in contradiction to the principal of nemo judex in causa sua , which means no one should be a judge in his or her own cause.

It is a principle of natural justice that no person can judge a case in which they have an interest.

“The EAIC or JIPS are in no way sufficient replacement for IPCMC, especially with its limited powers,” quipped the Dato Keramat assemblyperson.

Ramasamy ( photo ) said he had written a letter to EAIC chairperson Yaacob Sam to probe the custodial death cases in Penang.

He lamented that police chief Abdul Rahim Hanafi has yet to provide him with a date for a meeting to discuss the said cases.

Is the EAIC independent?

“Is the EAIC independent? I am not sure. It is an act of Parliament but it is very mysterious why the MACC is not under its purview.

“Is there something they want to hide?” asked the Prai assemblyman.

Afif said the EAIC should be given more powers or the IPCMC be formed as the public’s confidence and trust of the police is low.

The state exco member cited an incident in Permatang Pauh, a day before polling day on May 7, where several members of the public suspected the police of trying to tamper with the ballot boxes at one of the polling station.

“That is how poor the perception of the public is of the police. I suggest inspector-general of police Khalid Abu Bakar check on this instead of tweeting about us (Pakatan Rakyat),” Afif said sarcastically.