Family claims man beaten by cops, police deny allegation

The family of a car accessories shop owner alleged he was beaten by the police and is now not being allowed to see anyone else.

However, Sentul district police chief Beh Eng Lai, denied the beating claim and stressed that there were legal grounds to deny legal access.

Earlier today, the family of 38-year-old Hong Chen Peng told a press conference in Kuala Lumpur that he was arrested by Sentul police on May 1 at 3am on suspicion of car theft.

Chen Peng's sister, who only wanted to be known as "Ms Hong" said she initially did not know about her brother's arrest as she was busy handling her father's funeral.

"My father passed away on April 29. My brother attended the wake until April 30 before he went home at night. He is staying alone at a flat in Kuala Lumpur.

"When I visited his place the next morning, I saw the door had been broken," she said.

Hong said she couldn't reach her brother while neighbours reported a loud noise from his unit but no one had checked on him.

As she was busy with the funeral, Hong planned to lodge a missing police report later that night. But by evening, her uncle received a call from a woman.

"She told us that my brother and his girlfriend were still under detention and that my brother was beaten up by the police," said Hong. The woman was also arrested and had just been released from custody.

Hong said her family then rushed to the Sentul district police headquarters to clarify what had happened but claimed they were not allowed to see the brother.

Hong claimed the family caught a glimpse of Chen Peng when he was ordered to leave. 

"My brother appeared to be limping," she claimed.

The family subsequently appointed lawyer Keppy Wong as their legal counsel who then went to the Sentul district police headquarters on May 3 to see the brother, who is now his client.

However, Wong claimed that police also refused him access to Chen Peng.

Wong, who was present at the press conference today, said the denial of legal counsel was against the law.

"According to Section 28A of the Criminal Procedure Code, police must allow legal access to the detainee," he said.

Wong said denial of legal access is only allowed in cases where it could jeopardise an investigation, which must be certified by a police officer with the rank of deputy superintendent or higher.

"I understand the police's duty to conduct investigations but at the same time, his rights as a person should not be compromised," he said.

Wong said Chen Peng's detention had been extended to May 8.

The lawyer added that he had written to the Sentul police chief Beh on the matter and hopes to be granted access as soon as possible.

Wong also expressed concern that his client may require medical attention.

The family claimed to have no knowledge about the car theft allegation against the brother.

Hong's uncle had lodged a police report on May 3 over the alleged assault.

Meanwhile, Beh said police had reasons to deny the brother legal access.

Beh said the suspect was detained under Section 28A (8) of the Criminal Procedure Code.

“Under the subsection, the police are allowed to deny any arrested person the right to contact a friend, relative or lawyer, if doing so could lead to the tampering of the investigation,” he was quoted as saying by the Malay Mail.

The subsection suspends the regular rights accorded to the detainee if the police officer in charge reasonably believes that they may lead to an accomplice avoiding arrest.

The rights can also be suspended if the police reasonably believe that it may lead to the concealment, fabrication or destruction of evidence, the intimidation of a witness or that it will affect the safety of others.

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