Ambiga on deaf driver’s assault: Is there pressure, why the fear?

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Question of whether there is pressure not to initiate prosecution.

Come Sept 28, it would be four months since Ong Ing Keong, a hearing-impaired e-hailing driver, was smacked in the face while seated in his car waiting for passengers outside a hotel in Kuala Lumpur.

However, the perpetrator, who is police personnel, has not been charged despite the existence of a dashcam recording of the assault.

Prime Minister Anwar Ibrahim claimed that certain cases are time-consuming but Ong’s lawyers and former deputy legal affairs minister Mohamed Hanipa Maidin disagreed.

Concurring with them is former Malaysian Bar president Ambiga Sreenevasan, who asked if there is pressure not to initiate prosecution.

“This delay, coupled with an earlier attempt to allegedly force Ong to withdraw his complaint, leads to the conclusion that the relevant authorities seem unwilling to proceed to prosecution.

“Who is putting pressure on them? What are they afraid of?

“The answers to these questions will determine if we are indeed a country that respects the rule of law or one that just pays lip service to the concept,” Ambiga told Malaysiakini.

Ong’s assailant was a member of the police escort team for Johor Regent Tunku Ismail Sultan Ibrahim, who only learnt of the incident the following day and subsequently issued a media statement on Oct 31 urging the authorities to conduct a thorough investigation.

At a press conference later, Ong claimed that a “palace representative” was present at the police station and the latter had offered him a compensation of RM800 to settle the matter, and if he did not accept, his mobile phone would be confiscated.

Ong said he took the compensation offer under duress because he needed the phone for work and communicating with his family.

The Malaysian Deaf Advocacy and Wellbeing Organisation (Dawn) claimed that Ong had inked a total of four police reports over the incident, three of which were prepared by the police.

Ambiga pointed out that Article 8 of the Federal Constitution states that all are equal before the law and must be accorded equal protection of the law.

“Another way of putting it is that no one is above the law and the law must apply equally to all.

“Yet, to date, an innocent e-hailing driver, who is hearing-impaired, was assaulted in May and has not yet seen justice.

“A dashcam video recording shows the assault and the identity of the assailant is known to the police as admitted by the inspector-general himself. What further investigations are required?” she asked.

Echoing Hanipa, who specialises in criminal law, Ambiga stressed that cases like this should be “quickly and decisively acted upon”.

“Otherwise we look as if we condone such violence or that some people are above the law,” she added.

Previously, the police confirmed that the investigation papers were submitted to the Attorney-General’s Chambers, first on June 5 and a second time on July 27. – Malaysiakini