Police Brutality



A TYPICAL CASE OF POLICE  ABUSED AUTHORITY

David Carter ( 1985,322) offers perhaps the most comprehensive definition of police abuse authority, arguing that it is best described as an action by a police officer without regard to motive, intent or malice that tends to injure,insult,tread on human dignity, manifest feeling of inferiority and /or violate an inherent legal right of a member of public. Carters definition considers three broad areas of police abuse including, physical, psychology and legal domains.

This is what happened on 06.05.2014. Our client was in his house with his wife, when 4 plainclothes men that identified themselves verbally as policemen entered his house. The 4 plainclothes policemen handcuffed our client in his bedroom. Subsequently our client was interrogated in the living room with regards to some drugs to which our client denied any knowledge there of whatsoever.

After much insistence, they went out of the client’s house, brought in some substance suspected to be drugs and again asked for his explanation who once, again denied any knowledge whatsoever. This was quickly followed by numerous assaults and attack on our client by first policemen, and subsequently brought him to the Ipoh District Police Headquarters.

Our client was remanded on the next day and brought to the police lock up. There he was beaten and assaulted up by the first policemen wrongfully and intentionally. The first policemen allowed other parties to assault our client. It was later discovered that the victim head was severely injured due to the assaults and he lost consciousness subsequently. He was taken to the Raja Permaisuri Bainun Hospital, Ipoh.

By such conduct, the 4-plainclothes policemen acted wrongfully and illegally because they acted outside the powers given to them by brutally assaulting our client and allowing another policeman to do so.

 It was obvious the imprisonment of our client was rendered unlawful and a clear abuse of police authority. We filed a suit against the police force for the assaults our client suffered and we could not get access to any of the particulars requested in the Discovery Application despite numerous written requests to the police force.

 Subsequently, we continued to file the suit first and then immediately applied for a Discovery Application. The decision was favorable to us once High Court ordered to disclose lock up diary and CCTV recordings.




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