It really disturbed me now that I am under police investigation now for a media statement that I publish on 18 March, 2022 concerning the right of citizens to sue the government if they are not happy for any perceived violation of the terms and conditions of Malaysia Agreement 1963(MA63).
I pity the police who came to my office on 7 April, 2022 in Saradise Kuching not able to answer a few questions that I posed to him about the law concerning public order and the right of accused persons to keep silent when under investigation. I also told this officer I am entitled to know exactly the offence against me and I told him there in no law to say that I am not entitled to get a copy of the police report lodged against me so that I could know exactly what the complaint was against me.
Recently, a group of eleven Sarawakians is suing the United Kingdom, Malaysian and Sarawak governments in connection with matters concerning MA63. The Suit was filed in November, 2021.
Telling citizens that they have a right to sue the government could be against public order is not in the law book. I could not understand the basis of how telling citizens of right to sue the government could be against public order. Of course, offences against public order are very wide but this does not mean police officers can just simply say what they like what is meant by “offences against public order”.
The job of police officers is not easy because I was a police officer of 17 years before I opted for early retirement. They cannot abuse their power. Police officers who abuse their powers can also be sued. All powers are limited and this also goes to powers of court too. For example, the court cannot simply sentence a convicted person beyond the limits allowed by law. If the sentence does not provide for a sentence of death by hanging, the court cannot order this. Else, this could be murder.
People who lodge police reports can also be sued if they are not careful. Any allegation that is proved false or malicious can lend the complainant in jail.
Citizens need to know their rights and should not be intimidated by presence of law enforcement officers.
I have in my personal capacity sued police officers and the government when the government and police abused their powers to arrest and prosecute me some years ago, for defending my client of a very serious criminal charge that my client never committed. After I won my criminal charge, I sued both the government and police officers who arrested me and won too with huge damages or compensation paid to me.
VOON LEE SHAN
,PRESIDENT,PARTI BUMI KENYALANG,9 April 2022