Assault on deaf e-hailing driver: cops must clarify protocols on phone seizure, says Kepong MP

In addition to his phone being confiscated by authorities, the driver's dashcam was seized and footage of the incident erased

9:43 AM MYT

 

KUALA LUMPUR – Kepong MP Lim Lip Eng has called on the police to clarify the circumstances under which they can seize an individual’s phone or device. 

This follows a recent incident where a disabled e-hailing driver, Ong Ing Keong, was allegedly assaulted by a VIP escort in Kuala Lumpur on May 28.

In a press statement, Lim welcomed the commitment of Inspector-General of Police Tan Sri Razarudin Husain to conduct a thorough investigation into the assault case. He urged the police to investigate three key aspects.

“First, the way the investigating officers handled Ong. Were they performing their duties with full professionalism and empathy, or was there any abuse of power or neglect of responsibility?” Lim questioned.

“Second, who was responsible for drafting the content of the second police report for Ong? Was the report made with his willingness and honesty, or was there any external influence or alteration of the report’s content?”

“Third, did Ong receive a ‘compensation payment’ of RM800, and from whom was this payment received? Was this payment intended to silence Ong?” 

Additionally, Lim pressed for an explanation from the police regarding their authority to seize phones. 

“The police need to clarify under what circumstances they can seize a person’s phone. Is this action in line with legal procedures, and what are the solid reasons for such seizures?” Lim said, underscoring the importance of transparency and fairness in police actions.

It is understood that Ong’s dashboard camera was also seized and the footage of the incident was erased.

The call for clarity stems from Ong’s claims during a press conference yesterday, when he alleged that he felt pressured into dropping his initial police report in exchange for RM800 in compensation

Ong said that on the day of the incident, he was given two options: to proceed with the case and result in his phone being confiscated, or to drop the case and receive compensation. Feeling pressured, he opted for the latter.

Ong detailed the negotiation process, where he initially requested RM1,000 but settled for RM800 after the representative of the bodyguard repeatedly consulted with police officers. 

Ong was also recorded receiving the payment and was warned against sharing footage from his car camera. He signed a second police report, which he claimed was prepared ahead of time and he did not intend to file.

The Malaysian Deaf Advocacy and Well-being Organisation (DAWN) raised concerns over the police’s refusal to grant Ong access to his phone during the investigation, questioning the grounds for this action and emphasising the victim’s privacy.

Bukit Aman’s Criminal Investigation Department confirmed the assault and stated that an investigation paper had been opened. 

However, Kuala Lumpur police chief Datuk Rusdi Mohd Isa later said that the matter was settled according to a second police report filed by Ong, leading to ambiguity over whether the investigation would continue.

Legal rights group Lawyers for Liberty highlighted that even if the victim had stated the matter was resolved, the police have a duty to continue investigating the alleged offence to maintain peace and security. – June 1, 2024

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