Lawyers: Not uncommon for cops to drop probe upon victim's request
It is not uncommon for the police to drop investigations into a case if the victim involved no longer wishes to pursue it, several lawyers said.
They were responding to Kelantanese "Mat Tere" who was released from police custody after Johor crown prince Tunku Ismail Sultan Ibrahim, against who the former had allegedly issued an offensive remark, intervened and vouched for his innocence.
"There is no exact legal provision which allows for the police to stop an investigation when the complainant withdraws his or her report. It is up to the police's discretion.
"But usually, it is the case that when the complainant no longer wishes to pursue the case or withdraws the report, the police will also stop investigations and close the file," lawyer Syahredzan Johan told Malaysiakini today.
It is not uncommon for the police to drop investigations into a case if the victim involved no longer wishes to pursue it, several lawyers said.
They were responding to Kelantanese "Mat Tere" who was released from police custody after Johor crown prince Tunku Ismail Sultan Ibrahim, against who the former had allegedly issued an offensive remark, intervened and vouched for his innocence.
"There is no exact legal provision which allows for the police to stop an investigation when the complainant withdraws his or her report. It is up to the police's discretion.
"But usually, it is the case that when the complainant no longer wishes to pursue the case or withdraws the report, the police will also stop investigations and close the file," lawyer Syahredzan Johan told Malaysiakini today.
Thus, he added, it was "not extraordinary", for the police to release the 29-year-old man, who is said to be developmentally-challenged.
Other lawyers also agreed that it was not uncommon for police to drop an investigation if the victim is uninterested in pursuing the matter.
"It is not unusual... it appears that police reports were made (and) police started investigating.
"But Tunku Ismail, the object of the comments, seems to have indicated that he took no offence with the comments, in which case the police decided not to pursue the matter," laywer Andrew Khoo said.
Fellow lawyer Andy Yong also explained that there are judicial precedents for such instances.
The prosecution's case is likely weakened if the victim refuses to testify or turns hostile during trial, he pointed out.
If the victim has decided not to pursue a case, he added, authorities are usually inclined to withdraw their investigations as well.
Another lawyer, Jahaberdeen Mohamed Yunoos, said if a person is not yet charged, it is possible for the police to drop a case against them if there is insufficient evidence.
"However, if there is evidence, despite the complainant wanting not to proceed, the police still have the duty to recommend to the Attorney-General's Chambers to proceed, and it is up to their discretion whether to proceed or not.
"An offence remains an offence," he said.
"Mat Tere", whose real name is Muhammad Zul Apiz Baharum, was arrested on Feb 8 after a video of him making remarks deemed offensive to Tunku Ismail was posted on Facebook.
In calling for his release, the prince had also remarked that "Mat Tere" had been victimised by individuals of higher ranks due to political agenda.


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