Cop disciplined over assets, not for assaulting e-hailing driver, IGP clarifies

The police officer caught on camera assaulting a deaf e-hailing driver was disciplined over a separate matter, Inspector-General of Police Razarudin Husain clarified today.

However, he told Malaysiakini that the investigation paper on the assault case had been submitted to the Attorney-General's Chambers (AGC) last month for further action.

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 video of the incident while lamenting the lack of progress in getting justice.

Following this, Razarudin (above) was quoted by Berita Harian as saying that the officer involved had already been disciplined internally, on top of criminal investigations.

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.

‘Double jeopardy’

Razarudin said failing to declare assets was a breach of the Standing Orders of the Inspector-General of Police (PTKPN) and the officer was given a warning.

"If we continue with internal investigation for the same assault case (on top of the criminal probe), it will be double jeopardy," he added.

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

Internal disciplinary action in a workplace is not a court action.

However, despite this justification, Razarudin said action will be taken if the officer involved is convicted in court.

"If the officer has been convicted of the charge, we will definitely take action against the officer involved," he said.

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

"They sent the investigation paper for the police to add the full medical report and we sent back the complete investigation paper to the AGC on July 27 and wait for the next move," he added.

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

Suhakam: Delays in police assault case undermine public confidence

Deaf driver assault: Prosecution against cop 'prudent measure' - ex-judge

E-hailing driver assault: LFL wants criminal charge against perpetrator

Police escort who assaulted e-hailing driver has been disciplined: IGP

Deaf e-hailing driver tears up over assault video, still waiting for justice