PETALING JAYA: Lawyer Siti Kasim today lashed out at the Enforcement Agency Integrity Commission (EAIC) over its “one-sided report” on an incident in Kajang last June in which she was accused of kidnapping her client.
Expressing her dismay and shock, the outspoken activist said that after reading the report, she found it to be damaging to her and her client, identified only as Anis, as the report concluded the police had done nothing wrong.
Siti said this was precisely why an Independent Police Complaints and Misconduct Commission (IPCMC) was needed and claimed the report was done merely to justify police action.
“Why did EAIC put up on their website the report on me and yet failed to inform me and didn’t have the courtesy to extend to me a copy of it?
“I am certain they will use this report to rearrest me and charge me maliciously when I was acting in my capacity as a lawyer to ensure my client was not wrongfully held and being abused.
“In fact, when I rescued her from the hospital, without her consent and despite her telling the staff at the hospital repeatedly she was not consenting to them taking her blood, urine test and scanning her, they went ahead as if she had no rights,” she said in a Facebook post today.
It is understood that Anis, a woman in her 20s, was picked up by police after a complaint lodged by her mother claiming that her daughter’s faith was in question.
Siti had previously said that the woman, whom she claimed was abused by the mother, had been “abducted” by the police and Islamic authorities in Selangor.
In today’s post, Siti cited several initial findings in the report, namely that it had admitted the arrest was made under Sections 363 and 186 of the Penal Code, which covers kidnapping and obstructing a public servant in discharge of his public functions.
She pointed out that under paragraph 7.5(a) of Section 186, the police had failed to state on what basis the officer formed a reasonable suspicion that she had obstructed the police and that no details had been provided.
Siti further stated that the kidnapping suspicion is based entirely on Section 11 of the Mental Health Act.
According to police, she said they had reason to believe her client was mentally unstable solely on the reports of her mother.
“There was no mention as to the reports made by Anis and the fact that she was an adult at that time.
“Importantly, Section 10 of the Act talks about detention in the hospital. This section was completely ignored,” she said.
Siti said that Section 10(1) of the Act requires an application by a relative for the person to be detained and a recommendation from a medical officer that the person should be detained not more than five days before the admission.
“Even if we can assume that the mother applied, there was no medical recommendation. It is unlawful to bring someone to the hospital without the recommendation.
“As such, there was no basis to form the view that Anis was mentally unstable. The police clearly breached their duty when they acted on the mother’s report alone and ignored all the reports made by my client as soon as she left the family house,” she said.
Siti questioned the independence of the findings by the EAIC, and pointed out that despite hours being spent between her and her client, nothing was mentioned about their side of the story in their report.
“They did not mention at all about the many reports made by the mother to JAIS (Selangor Islamic Religious Department) and many other reports about Anis leaving the house just to get my client back.
“When the mother failed to get the police to act on the reports because my client is already aged 24, the mother finally used the Mental Health Act against her. The police swiftly acted on this without even checking,” she said.
Siti said the authorities could have just given her a call and asked her and Anis to come in “instead of breaking down my house and arresting me on kidnapping charges”.
“This report is a sham and EAIC should be ashamed of producing a report that is totally one-sided. Close down this department if this is the kind of work they produce.”
She said they are supposed to be independent and professional and do their work with integrity but this was not reflected in the report.