Withdrawing police report not a simple process, say experts

PETALING JAYA: Withdrawing a police report is not a simple process as only the Attorney General’s Chambers (AGC) has the power to call off or cease investigations on a case, it has been pointed out.

Criminologist Dr R. Balasubramaniam said any decision to withdraw a police report has to be justified by the complainant for it to be considered by the AGC.

“A criminal case is an offence against the state and a complainant cannot withdraw a case as he wishes unless it is consented to by the AGC under certain circumstances.

“The complainant has to write to the AGC explaining the reasons for doing so. On the other hand, police will need to ascertain if there are any criminal elements involved and classify it accordingly.

“If they (the police) decide not to conduct an investigation or term it as NFA (no further action), then they have to justify the decision too,” said the former deputy superintendent of police who served as investigator in the Criminal Investigation Department (CID) for over a decade.

Retired deputy commissioner of police Datuk Zulkifli Mohamed, who was with the CID’s legal and prosecution division (D5), said the first step in handling a case is to classify it in accordance with the law.

He said if the crime was a seizable offence, then the police could start an investigation, otherwise an order-to-investigate (OTI) should be obtained from the AGC.

As in the recent case of an ehailing driver who was allegedly assaulted by a bodyguard on escort duty, he said the turn of events put the police in bad light.

“It was a simple, direct and straightforward case under Section 323 of the Penal Code, which is a non-seizable offence and an OTI is required.

“As this is a case of public interest, the probe must be sped up. Whether the complainant wants to withdraw the case or not, it is within the purview of the AGC to make the final decision,” said Zulkifli, who is the deputy president of Patriot.

Criminologist Datuk Dr P. Sundramoorthy of Universiti Sains Malaysia’s Centre for Policy Research said victims of crime might at times withdraw their police reports due to threats, intimidation, fear of reprisal, or other factors.

“Victims should be able to report crimes without fear of coercion or undue influence from any authority or powerful figures of society.

“The police and AGC should be vigilant in monitoring cases when victims withdraw reports without a valid reason. They should establish if the withdrawal was due to coercion or fear or simply genuine factors.

“Even if a victim withdraws a report, the police and AGC should investigate a case, gather evidence and determine if the prosecution can proceed without the victim’s direct testimony,” Sundramoorthy said.