CONFIDENCE is an integral part of policing. This is always a telling factor when the police deal with public order and criminal investigations situations.

And that is why the Independent Police Complaints and Misconduct Commission (IPCMC) must have all these factored in from the start.

The system must allow the police to use their full discretion without fear of being pulled up every step of the way. Complainants if given too much leeway in making frivolous allegations can affect the outcome of investigations and distort the truth.

Although the police are mindful of using minimum force but there will be always the possibility of excessive or inappropriate force used. 

The new law being enacted must be mindful of this to allow a balance so that the police are confident of carrying out their duties in good faith knowing the law is always there to lean on. 

The criminal justice system expects high standards of proving a case beyond reasonable doubt at even the prima facie stage. Thus the police must be allowed to exhaust all avenues to pursue their suspicions to not only detect crime but to gather as much evidence in all situations. 

The IPCMC which is long overdue is finally ready to be law. I am sure the police will rise up to the challenge gallantly as they always have.

The suggestion to disallow former police officers to be appointed to this commission is unwise.

There must be a fair balance of opinions and suggestions from all sides across the spectrum of society including the police.

After all was it not input from our most experienced and longest-serving IGP Hanif Omar in the royal commission to enhance the operation and management of the Royal Malaysia Police,  that was pivotal to all the recommendations? It was the strongest argument put forward to the police to accept that they needed reform. 

The IPCMC must not be seen to be biased by serving police officers from the outset. It is crucial to police morale and confidence that when investigations to a complaint commence, the police must feel that they are fairly represented in the commission.

Police morale will drop if the commission is seen to be anti-police for every complaint received. A demoralised police force will consequentially lead to emboldened criminals.

The commission must have the experience to empathise with the manner and risks the police take in every step of policing especially in public order situations and criminal investigations. They must have the confidence to risk life and limb when carrying out their duties in good faith.

There must be a fair representation of facts in the commission as to how the tenets of suspicion are encouraged in the efforts to detect crime and during covert or overt operations. This part of police craft must be at the table of the commission when looking into any complaint or when deciding any action against any serving personnel. 

There is a great need to understand the risks that go with split second decisions that require full police confidence when facing hardcore criminals or when innocent lives are at stake especially when time is of the essence.

Leaving it totally to civilians will be unfair to the police and will inevitably lead to the weakening of the criminal justice system as a whole.

The finer points of police covert operations and the realm of intelligence gathering and counter intelligence must be part of any consideration by the IPCMC.

If the IPCMC is perceived to be biased against the police from the outset, then the whole purpose of this new law will be defeated.

Although the IPCMC is expected to play a positive role in modern policing which will lead to effective police reform, it must, however, ensure it is not there solely for complaints, but as a shield the police can lean on when their pride, honour and integrity are at stake.

*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.