DAP veteran Karpal Singh failed to see the humour in inspector-general of police Musa Hassan's burlesque comments in response to the opposition leader's demand that the police stop interrogating witnesses after office hours.
On the contrary, the renowned criminal lawyer found the top cop's statement to be bordering on the bizarre.
Karpal had made the demand in view of the Kuala Lumpur high court's judgment last week that the Malaysian Anti-Corruption Commission (MACC) could only question witnesses between 8.30am and 5.30pm or in other words, during office hours.
However, Musa had ridiculed this, describing the Bukit Gelugor parliamentarian's call to being tantamount to asking police stations to close at 5pm.
"If that is the case, then those who want to lodge police reports after office hours can see Karpal," a news report had quoted the police chief as saying further.
Musa's statement irrational
Speaking to reporters at the Parliament lobby today, Karpal took Musa to task."(His statement) is irrational and verges on the bizarre," he said, adding that the issue was not related to the law requiring that police stations operate around the clock.
Karpal said the police and MACC were bound by the ruling in accordance with article 20 of the Lock-Up Rules 1953.
"The rationale in police stations being open 24 hours is for reports to be lodged in relation to crimes which occur round-the-clock and not for recording statements in relation to those reports," he added.
"The rationale in police stations being open 24 hours is for reports to be lodged in relation to crimes which occur round-the-clock and not for recording statements in relation to those reports," he added.Karpal also responded to another statement by Musa, who said it would be pointless for police stations to be open 24 hour if the police cannot record statements from witnesses after office hours.
The politician noted that although Section 112 of the Criminal Procedure Code (CPC) empowers the police to record statements from witnesses, there is no time-frame stipulated.
"However, what points towards that direction are the provisions of rule 20 which state that 'suspects are required to be confined to their cell from 6.30pm until 6.30am under the heading 'Time of Rest'," he explained.
No interrogation in lock-ups
Karpal said suspects are by law allotted rest time in their cells between 6.30pm and 6.30am and therefore "it defies logic and common sense how witnesses, who are not even suspects, can be denied this protection."
"In fact, they should be entitled to more protection. The question is not whether witnesses, including victims, who voluntarily come forward after office hours to have their statements recorded."
The question is whether in law they are required to do so, and whether the police can compel them to do so. Musa appears to be thoroughly confused in his approach to the issue," he added.
As to the IGP's argument that the police could record statements after office hours inside the lock-up using Section 113 of the CPC , Karpal said this was in breach of rule 20 of the Lock-up Rules."
You cannot question a suspect during his rest hours while he is confined in a lock-up. A lock-up is certainly not a conducive place to record statements, let alone doing it during odd hours of the night," he added.
In view of this, Karpal advised those who have been questioned as witnesses beyond office hours in the past to consider filing suits against the police and the government for false imprisonment."
However, this can only be extended to those who have been questioned as witnesses beyond office hours in the last three years as Section 2 of the Public Protection Act, 1948 limits suits against the government or its agents or servants to three years from the date of the default complained of," he said.
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