'Why now?' Shuhaily's lawyer wants public to question resurfaced 2015 allegation

The lawyer for Malaysian Border Control and Protection Agency (MCBA) director-general Shuhaily Zain has a question for the public: Why now?

Rafique Rashid was responding to allegations that Shuhaily assaulted a rank-and-file police officer in 2015, asking why the matter had resurfaced more than a decade later.

“The question the rakyat must ask is this - why now? Is it to stem the huge uproar of Shuhaily (above) being charged (over a separate case)?” he told Malaysiakini.

“What has the complainant been doing from 2015 until now? Did he lodge a complaint with the police’s Integrity and Standards Compliance Department or take any other action?” he asked.

On Oct 21, Shuhaily was charged under Section 323 of the Penal Code over the alleged assault of two Special Branch officers at Kuala Lumpur International Airport on Sept 28.

The offence carries a maximum jail term of one year, a fine of up to RM2,000, or both.

On social media, Shuhaily has received an outpouring of support, with many highlighting his outspoken stance against corruption in the police force during his tenure as Criminal Investigation Department director.

Earlier today, lawyers representing the two officers said they were also acting for the complainant in the 2015 case and urged the Attorney-General’s Chambers to review the police report filed over the alleged assault.

They said the report was lodged on Nov 19, 2015, but no action had been taken against Shuhaily, who was the Hilir Perak district police chief at the time.

Instead, the lawyers claimed, the complainant was eventually dismissed from the force following the report.

Bid to tarnish rep?

Rafique questioned whether the issue was being dredged up to tarnish his client’s image, arguing that Shuhaily had earned public support for his firmness and discipline in carrying out his duties.

“If the AGC or the police wish to investigate the report further, they are welcome to do so. However, the question the public should consider is why this matter is being raised now,” he said.

He stressed that the AGC had the authority to determine whether there were sufficient grounds to prosecute.

Meanwhile, Inspector-General of Police Khalid Ismail said Shuhaily’s fate would be determined after a review involving the police, the home minister, and the Attorney-General’s Chambers.

“His assignment (at the MCBA) is for a two-year term, similar to a contract that requires the consent of the Yang di-Pertuan Agong,” he said.

As such, any changes to Shuhaily’s tenure or disciplinary action against him must take into account the AGC’s legal advice and obtain the Agong’s consent.

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