Friday, September 12, 2014

Frivolous Police Reports

Original source :
Posted : September 2014
Author : Rashitha Abdul Hamid

God didn't fulfill his promise? File a police report.
A frivolous police report is a compliant that does not have a purpose or value that requires special attention. Nor does it need a thorough investigation by the officer in charge.

PETALING JAYA: A 30-year-old woman waited patiently to receive RM21 million which she said was promised to her by God. It seemed that the fortune was her birthright and when her patience ran out, she filed a police report recently to claim the amount from the government. In the report, she claimed that since she was born in Malaysia, the government must take the responsibility for the pledge made by the creator.

Hers was not the only frivolous police report lodged. Recently, a complaint was filed by a 60-year-old Singaporean over a plate of fried rice, which he said was too spicy. The 60-year-old man from Taman Jurong lodged a police report because the nasi goreng kampung he ate at Jalan Bukit Timbalan in Johor Baru was not to his liking. Daily newspapers reported the incident and it went viral on social media.

Although there is no criminal element or intent in the case of the unhappy diner, police had to initiate a preliminary investigation before classifying the petty complaint as No Offence Disclosed (NOD). Just as trivial and also given the NOD stamp was the case involving a Seremban man, who lodged a police report so that he could sue a shop owner over a sweet purchase that left a sour taste. He said the condensed milk that he bought attracted an army of black ants after leaving it opened on the table. In his report, he said the condensed milk he bought from a certain shop kept attracting ants and he wanted to sue the shop owner for the mess.

The police would be hard-pressed to investigate each and every case, especially when they are as silly as the one lodged by the woman who thought she had a direct line to God or the Singaporean diner who can’t take the heat. According to the Bukit Aman police headquarters, the law enforcers receive 11,000 to 12,000 reports nationwide every day, and they treat every police report made by complainants professionally in accordance with the law. Police are duty-bound to accept all reports, under section 107 of the Criminal Procedure Code (CPC) even if they think the report is frivolous.

Bukit Aman’s acting Criminal Investigation Department director Deputy Commissioner Datuk Mazlan Mansor says the complainant must sign the report so as to be responsible for it, and he will be asked to prove his claims in the report. Once a police report is lodged and a preliminary investigation launched, it is the investigating officer’s (IO) prerogative to allow a complainant to retract his report. Giving false information to the police is also an offence under Section 182 of the Penal Code. “When a police station has received a report, the Officer-in-Charge of the Police Station (OCS) will perform a preliminary investigation on its contents,” says SAC Mazlan. “If we do not investigate, my men and I can be blamed for not carrying out our duties and failing to serve the public.”

However, police will decide if the case warrants further investigation. Subsequently, the report will be channelled to the Criminal Investigation Department for further action if criminal elements or intent are in it. Reports without any criminal elements are classified as NOD and the matter considered closed. A frivolous police report is a compliant that does not have a purpose or value that requires special attention. Nor does it need a thorough investigation by the officer in charge.

DCP Mazlan says every individual has the right to lodge a police report, and the police will look into the matter and determine if it is to be given priority over other cases. “Sometimes it’s hard to make the complainants understand that there is nothing that can be done as there is no section in the law to deal with such (frivolous) cases, yet they expect us to take action immediately,” he says.

~Blog Admin~

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