KUALA LUMPUR: The lawyer representing Malaysian Border Control and Protection Agency (AKPS) director-general Datuk Seri Mohd Shuhaily Mohd Zain has questioned why a former policeman is only now raising allegations of violence against his client over an incident said to have occurred in 2015.
According to Sinar Harian, Muhammad Rafique Rashid Ali noted that the report over the alleged incident only surfaced after an issue involving his client had drawn public attention.
He also questioned whether the latest development was intended to create a negative perception of his client, who he said had received public support for his firmness and discipline in carrying out his duties.
The incident allegedly occurred when Mohd Shuhaily was Hilir Perak OCPD 11 years ago.
"Why suddenly (revisit these allegations) now, after more than a decade, and what has the complainant done since 2015?
"Did he lodge a complaint with the police Integrity and Standards Compliance Department (JIPS) or take other action?" he asked.
Muhammad Rafique was commenting on a statement by Kamal Hisham, the lawyer representing the former policeman, on Wednesday (Oct 28), in which he urged the Attorney General's Chambers (AGC) to review a police report lodged on Nov 19, 2015.
In the statement, Kamal Hisham alleged that his client was subjected to violence by Mohd Shuhaily when the senior officer was the Hilir Perak OCPD.
He also alleged that his client faced various difficulties in the service after lodging the report and was eventually dismissed from the police force.
On the legal aspect, Muhammad Rafique said criminal offences did not have a limitation period for prosecution, unlike certain civil claims.
"If the AGC or police wish to investigate the report further, please do so," he said, stressing that the decision on whether there was a basis to prosecute rested solely with the AGC.
Mohd Shuhaily was charged at the Sepang Magistrate's Court on Oct 21 under Section 323 of the Penal Code in connection with allegations of violence against two policemen.
