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Lawyers press AGC to charge border agency chief over another alleged assault case
Lawyers representing two police officers allegedly roughed up by Malaysian Border Control and Protection Agency (MCBA) director-general Shuhaily Zain are urging the Attorney-General’s Chambers (AGC) to review a separate 2015 police report with similar accusations.
In a statement today, lawyers Kamal Hisham Jaafar and Nor Tamrin alleged the incident occurred when Shuhaily was the Hilir Perak district police chief.
The lawyers said...
Lawyers representing two police officers allegedly roughed up by Malaysian Border Control and Protection Agency (MCBA) director-general Shuhaily Zain are urging the Attorney-General’s Chambers (AGC) to review a separate 2015 police report with similar accusations.
In a statement today, lawyers Kamal Hisham Jaafar and Nor Tamrin alleged the incident occurred when Shuhaily was the Hilir Perak district police chief.
The lawyers said a police report was lodged regarding the purported assault on Nov 19, 2015, but no action has been taken against Shuhaily over the allegations to date.
They also claimed the complainant was eventually dismissed from the force following the report.
“The complainant, who was a police officer at the time, faced various challenges and difficulties in the course of his service following the filing of a police report against Shuhaily.
“The difficulties ultimately led to his dismissal from the police force,” the lawyers said.
'Renewed hope for justice'
The former officer has since appointed the lawyers to represent him in seeking a review of the case, and a request has been submitted to the AGC to reconsider the report.
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Kamal and Nor said Shuhaily’s recent court charge had given their client renewed hope for justice, citing the principle of equality before the law.
“Seeing the manifestation of equality before the law that is free from discrimination, as demonstrated by the attorney-general when Suhaily was charged in court for his volatile behaviour toward lower-ranking personnel, the complainant feels that there remains an opportunity to obtain justice under the current government,” they added.
The lawyers urged the AGC to reconsider the 2015 police report, saying the matter should be reviewed to uphold the rule of law without discrimination.
When contacted by Malaysiakini, the MCBA said it would not comment on the matter for now.
The development follows Shuhaily’s charge under Section 323 of the Penal Code over a separate alleged assault involving two junior-ranking police officers at KLIA on Sept 28.
Shuhaily pleaded not guilty to the charge on Oct 21 at the Sepang Magistrate’s Court.
Section 323 provides for a maximum jail term of one year, a fine of up to RM2,000, or both.
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Can they rename a volcano Suhaily?
Enough of the witch hunt — let the man do his job. Let us be clear about what is happening here. Lawyers are now pressing the Attorney General's Chambers to charge the AKPS director-general, Datuk Seri Shuhaily Zain, over yet another alleged assault case. Another case. Another headline. Another round of accusations aimed at a man who is trying to do an almost impossible job. Yes, he may have made an error in the course of his duty. No one is infallible, and an error — if it is one — should be examined through the proper channels, not paraded as a public stoning. But we should also ask honestly: was it done for personal gain, or for the good of the nation? In this case, it was the latter. Every difficult call at the border is made under pressure, in the national interest, against an enemy that does not play by the rules. And let us not pretend the stakes are small. Drug mules and the syndicates that run them are bleeding this country dry. Counter-setting operations are costing lives and futures. When an agency chief is out there fighting that war, the last thing the nation needs is a pile of assault claims being used to paralyse him and distract from the real threat. If we let every unproven allegation become a weapon, we will end up with leaders who are afraid to act — and the traffickers will thank us for it. So throw these claims into the dustbin where they belong, clear the man's name, and let him get on with the job of protecting Malaysia's borders.
I have regarded Shuhaily as a capable officer who has done exemplary work. Seeing an eleven-year-old allegation resurfacing alongside his current case leaves me concerned about a trial by publicity. But timing alone does not establish a witch hunt, just as an allegation does not establish guilt. The AGC should assess the evidence independently. His record should not put him above scrutiny, but neither should accusations erase his years of service before the facts are tested. Fairness must apply to him too.
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