LETTER | Imperative now to enhance police investigative powers

LETTER | The recent Federal Court ruling in granting bail to a Sosma detainee awaiting trial is a step in the right direction. The police must take immediate cognisance of this decision as it is a clear indication of having far-reaching consequences in the use and probable demise of preventive laws in future.

The over-reliance of preventive laws of late such as Sosma has become the bane of transparency and accountability within the justice system, as it has been misused many times in the past. Natural justice demands much more.

Preventive laws were inherited from our colonial past and were a great necessity then. However, it has outlived its usefulness especially after the war against the communist insurgency ended. 

Politicians in power have also in the past misused these powers to suppress political dissent and this added on to the distrust of these draconian laws, at the expense of the police. 

The age of trusting those in the corridors of power to do the right thing without effective checks and balances by the arms within the parliamentary system is gradually coming to an end.

The police have understandably become dependent on these laws as their powers of investigation have been, to some extent, curtailed and eroded by giving more rights to a suspect from the time he is identified. 

The western ideals and beliefs have led the way for more sensitivity towards human rights and we are a part of this global evolution. 

The turning point of problems for the criminal investigation arm of all the relevant enforcement agencies here can be traced to when judicial rulings changed the amount of evidence required at the prima facie stage, from any evidence as long as it is not incredible to, evidence beyond a reasonable doubt. 

Many other tools of the investigation were affected and gradually eroded, eg detention, further detention, administrative restrictions to using confessions, etc. This was further compounded when some remand applications were subjected to mini summary trials. 

Suspicions, hunches, investigative instincts, etc could not be pursued and thus the honing of these natural investigative skills deteriorated and contemporary investigators were forced to depend on preventive laws. 

The police, at this juncture, have in many cases unable to collect all available admissible evidence, naturally, turn to these draconian laws to get the job done. 

To a certain degree, this has also contributed to the escalation of distrust and loss of confidence by the public especially when there is suspicion of political undertones involved. 

This was further compounded by some cases of unsolved cases of interest and serious allegations of corruption and abuse of police powers. The situation becomes extremely difficult when the police are asked to investigate themselves.

Time will gradually dilute these draconian preventive laws in modern and progressive society. The police in preparation, must swiftly reinvent, enhance and rejuvenate their police powers as stipulated in the relevant laws. 

They must move forward to ensure that all the tools of criminal investigations are enhanced with the relevant checks and balances within their own framework of supervision apart from the criminal justice system. 

They must ensure that investigators are given every opportunity to explore evidence gathering at the investigative stage, so as to ensure that justice is not only done to a suspect identified or in custody but also to victims, especially in serious criminal offences. 

The system must allow the full extent of all admissible evidence to be gathered and investigative tools must be given the judicial support in getting to the truth. 

Linking offences that do not create an atmosphere of terror to terrorism is unprofessional and will not instil confidence in society. 

The future in modern policing lies in transparency, full accountability and strict adherence to fair due process without fear or favour, within a firm, non-partisan criminal justice system that has effective checks and balances at every step of the process.

Time is of the essence.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.