ANOTHER death in custody, another round of cries for justice and an inquest. Deja vu.

But let’s cut to the chase. A coroner’s inquest alone, without investigation by an independent body, will not cut it.

An inquest is well and good but it will only be effective if an independent body, with police powers, is allowed to investigate custodial deaths.

Let’s start by discarding the practice of having the police investigate custodial deaths. This definitely has to change.

Depending solely on investigations carried out by the police as it is now goes against the grain of natural justice. The police cannot and must not be allowed to investigate themselves.

Any death in police custody must be investigated and that investigative arm must independently assist a coroner, using all the powers of investigation as stipulated in the Criminal Procedure Code.

The coroner must either have powers of investigation or have access to fresh independent criminal investigations on all custodial deaths.

Most of the custodial deaths are alleged to be due to excessive force used during interrogation and later during detention.

It is only when the stakeholders understand the mechanisms of investigations can we hope to find the right balance between the rights of a detainee and the pursuit of admissible evidence by investigators. There are push and pull factors at stake here. We cannot afford to demoralise the police and undermine their methods for getting evidence nor can we allow detainees to die in custody.

We must address this issue systematically and methodically and come up with a more effective coroner’s inquest and an equally independent investigative limb.

These are the areas where there must be improvement. Laws have to be amended to strengthen all the investigative tools in procedural law but at the same time making investigators accountable every step of the way.

Police instincts to solve a case can become a criminal liability especially when personnel are not trained and experienced in interrogation techniques. It is a risk most police investigators are willing to take, as part and parcel of their duty in fighting crime.

Many are caught between a rock and a hard place especially when interrogating hardcore and dangerous criminals as the adrenaline sometimes get excessively pumped up whenever interrogators are on the brink of obtaining crucial evidence.

This is not an excuse but a statement of fact about real police work.

Training, knowledge and experience must be enhanced in making police more professional in the manner they handle detainees. There must be a better perspective in preserving detainee rights in custody, balancing it with strong support for the police to gather as much admissible evidence as possible.

It is a conundrum that has to be understood in any inquiry into custodial death. It would be a great loss to evidence gathering if investigators lose the confidence and motivation for effective interrogation, especially in cases of serious crime.

We need all the stakeholders on board to find the right and fair balance. – June 9, 2021

* 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.