THE process to classify criminal cases begins when police reports are lodged. A criminal probe officially commences when an investigation paper is opened.

Police actions are recorded during initial enquiries to justify the decision, and the discretion in classifying cases is a mainstay of the spirit of separation of power within the criminal justice system.

Despite there being elements of foul play at the scene of the crime, Teoh Beng Hock’s case was “under-classified” at the outset of investigations as a sudden death report (SDR). This affected the outcome of the probe.

Even if it was classified as wrongful confinement at the material time, it would have been better than an SDR. Being a seizable offence, it would have given police the power to arrest suspects immediately.

All the suspects from the Malaysian Anti-Corruption Commission could have been arrested, remanded and interrogated, and their offices searched.

There would have been a higher probability of solving the case. Precious time was lost at this stage, and it will be difficult for police to reinvestigate now.

It must also be emphasised that over- or under-classifying cases has been part of the police craft in pursuit of collecting admissible evidence.

Under-classified cases have also become a major problem as the force grapples with escalating crime statistics.

Therefore, the problem is not in the classification of the case, but the delay in the collection of the relevant admissible evidence.

The attorney-general, although wielding the power to direct police investigations, normally does not encroach on the investigative procedures of classification.

It was never the intention of the law to fuse these roles in the criminal justice system. This allows police a free hand, based on suspicion, to use all the tools of investigation empowered to them, to collect admissible evidence without interference.

The Attorney-General’s Chambers (AGC) has always acted as the counterbalance to any possibility of abuse of police powers, including the over- or under-classifying of criminal cases.

The checks and balances of case classification lie in police procedures, of which the daily crime summary is scrutinised at the state and federal levels. These are the set channels in place, and only need to be tweaked in their overall reform.

Encouraging the AGC to encroach on this area of police discretion is detrimental to efforts to reduce the “fusion” of its and police’s powers. – June 27, 2019.

* G. Selva reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.