POLICE discontent with the impending Independent Police Complaints and Misconduct Commission (IPCMC) is not totally unfounded, although the general opinion is that the force should incorporate an equal emphasis to enhance the separation and balance of powers within the criminal justice system and more crucially, between the force and the executive.
 
The prime minister as the head of the executive has an overwhelming administrative influence over the police who have been caught many times between a rock and a hard place because of this.

The new government has promised to reduce and restrict the powers of the prime minister in this aspect but reforms have been slow.

The 1Malaysia Development Bhd scandal is a perfect example of how things can go wrong when an all powerful executive abuses his power by using rogue enforcers of the law.

The whole image of the police was adversely affected by the few that wanted to protect the criminal acts of their political masters.

The misuse of preventive laws on the pretext of national security was a serious breach of trust. A strong IPCMC at the material time would have prevented such a grave abuse of the criminal justice system.

The ongoing court cases involving our former two most powerful public officials will be crucial in ventilating how this abuse was allowed to happen.

If they are found guilty, then there should be an official inquiry as to how the criminal justice system with the police, the attorney-general’s chambers in particular, and all the other administrative checks and balances in place, failed to stop them!
 
Routine police work requires difficult calls to be made. Rules of engagement and quick discretion often come into play. Personnel on the ground and all those involved in covert or overt operations are protected by law when they carry out their duties in good faith.

However they must be mindful of the rule of law especially when dealing with those who can abuse their power and position for their own vested interests.

History has proven that the will of society inevitably embraces natural justice more powerfully than any other entity. It is always a matter of time. An effective IPCMC thus will not only keep the police in step with the rule of law but it will also ensure that frivolous allegations against them will be dealt with severely.
 
The nation’s political climate is getting heated as politicians are still groping and grappling for power. Some who are facing court proceedings for criminal offences are getting more desperate.

The police must be wary, alert and imperatively, stay above the polemics around them and apply the law in its strictest interpretation.

They must embrace and support a strong IPCMC as part and parcel of modern policing where accountability and responsibility will be at a zenith in the days to come.

I have no doubt that the police will adapt and reinvent itself with greater integrity and competence in meeting the challenges ahead conforming to the framework of the constitution, procedural law and natural justice.

*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.