A DEAF e-hailing driver who was assaulted by a security detail personnel last Monday wants justice and rejects any compensation, his lawyers told a press conference on Friday.

This came just as Inspector-General of Police (IGP) Razarudin Husain said Bukit Aman will summon all officers involved in investigating the case to ensure a thorough investigation. He said all those involved in the earlier investigation will have their statements recorded. 

The IGP’s statement in turn came after Johor Regent Tunku Ismail Sultan Ibrahim responded to the alleged assault on the deaf e-hailing driver by his security detail at the St Regis Hotel Kuala Lumpur on Tuesday.

“I do not condone any illegal action or intimidation. I urge the authorities to investigate thoroughly the incident where a police officer escort is alleged to have committed a harmful act.

“I hope the authorities will take action in accordance with the law and give the victim justice,” Tunku Ismail said on X. 

The alleged assault has garnered national attention and widespread condemnation.

The victim, Ong Ing Keong, claimed his assailant had instructed him to drive off from the location where he was parked temporarily while waiting to pick up a passenger.

He alleged that he was beaten up when he couldn’t understand what the security personnel said.

On Thursday, Ong filed a second police report saying he wanted to withdraw his earlier police report and wanted no further action because the matter had been resolved amicably.

Can one withdraw a police report that had been lodged?

The Attorney General’s Chambers of Malaysia has an answer to the question. It reads:

“A police report cannot be withdrawn. However, a complainant may make a written application so that no action is taken against the report lodged. Although the complainant may make such an application, the final decision is still vested in the public prosecutor.

“The public prosecutor has the power to allow or reject the application and the decision is based on the facts and circumstances of each case.”

In the case of Public Prosecutor v Rozita binti Mohamad Ali [2018], the high court was presented with the facts that the complainant in the case, an Indonesian woman, had wanted to withdraw her police report and did not wish to pursue the matter.

Judicial commissioner Abd Majid Hamzah (as he then was) made the following observations:

“An application to withdraw a complaint or police report by a complainant against an accused person to the attorney-general is not uncommon in criminal cases. To my mind, legally a police report cannot be withdrawn or revoked but a complainant may appeal to the attorney-general not to proceed with the prosecution of the accused person and it is solely the prerogative of the attorney-general to institute or decline a prosecution under Article 145(3) of the Federal Constitution.

“This is because once a person decides to lodge a police report against another for a wrong committed by the latter, the matter is no longer under the former’s control. It is no longer his or her case but a case by the state under the control of the attorney-general.

“A prosecution will ensue if there is sufficient evidence to prove the offence alleged. However, a private prosecution may be taken up by an individual if the attorney-general declines to prosecute in cases involving non-seizable offences.”

Accordingly, an investigation of all police officers that took part in the investigation of the assault case is proper.

As Tunku Ismail said, let’s give the victim justice. – June 1, 2024.

* Hafiz Hassan 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.