Special Branch cop lodges fresh report over alleged assault by Shuhaily

KUALA LUMPUR: A Special Branch policeman who claims he was assaulted by Malaysian Border Control and Protection Agency (MCBA) director-general Datuk Seri Mohd Shuhaily Mohd Zain has lodged another police report to provide new evidence.

Lawyers Kamal Hisham Ja'afar and Muhammad Nor Tamrin said their client, Lance Corporal Mohammad Faiz Muhamad Saman, 40, lodged the report at the Sungai Besi police station on Oct 10.

In the report, Faiz claimed he was taking photographs on his mobile phone of an incident at Kuala Lumpur International Airport (KLIA) Terminal 1 when Shuhaily seized the device.

He claimed he was then wrongfully detained, assaulted, manhandled and intimidated.

In a statement today, the lawyers said the facts of the case pointed to possible offences under Sections 186, 323, 353, 355 and 506 of the Penal Code.

The provisions cover obstructing a public servant in the discharge of official duties, voluntarily causing hurt, using criminal force to deter a public servant from performing his duties, assault or criminal force with intent to dishonour a person, and criminal intimidation.

The law firm alleged that Faiz and another lance corporal, Muhammad Ekmal Sofwan Driman, who serve as Travel Control Officers (TCO), were assaulted by Shuhaily in a public area.

The lawyers claimed the incident caused injuries and affected their clients' dignity.

The firm also said it was considering legal action against those who made false statements about the lawyers and their clients, including claims that their legal fees were being paid by a criminal syndicate.

Previously, Ekmal and Faiz denied claims that they were acting as touts or involved in "counter setting".

Today, the firm said the false claims could constitute offences under Section 505 of the Penal Code for statements conducing to public mischief and Section 233 of the Communications and Multimedia Act for improper use of network facilities or services.

Last week, Attorney-General Tan Sri Mohd Dusuki Mokhtar said the A-GC had returned the investigation papers to the police for further investigation.

Police have recorded statements from 25 witnesses, but several aspects, including verification of CCTV footage, require further examination before the probe can be completed.