KUALA LUMPUR: Malaysian Anti-Corruption Commission (MACC) officers are entitled to use their own discretion to decide if a handcuff is needed on a suspect during arrest.
Corruption Prevention Advisory Board (LPPR) member Datuk Mohd Noor Abdullah, in saying this, however stated that the MACC officers must be able to justify their action for handcuffing the suspect.
He said before proceeding with an arrest, MACC should ensure that investigation has been conducted thoroughly and officers have good reason to believe that the person they are arresting has committed an offence.
"The officers should not handcuff a suspect accept when the person has disobeyed their command, become violent, absconded, or other reason which the officers believe will prevent them from conducting their duties and investigation.
"For instance, a suspect who is in his early thirties may require a handcuff as there is a higher possibility for him to attempt to flee compared to an older person.
"It depends on the circumstances," he told reporters during a press conference at the Malaysia Anti-Corruption Academy (MACA) here today.
Also present was former Inspector-general of Police Tan Sri Musa Hassan.
Prior to the press conference, Mohd Noor and Musa attended a meeting with MACC to discuss issues surrounding the handcuffing and lockup uniform procedures which gained public attention of late, especially following the recent arrest of former Felda Global Ventures Holdings Bhd (FGV) chairman Tan Sri Isa Samad and Penang lawmaker Phee Boon Poh.
Both Isa and Phee were attired in orange lockup uniforms when they were brought to the courts by MACC to secure remand orders. Phee however was also handcuffed.
Isa was arrested by MACC on Aug 15 in connection with the ongoing investigation into Felda Investment Corporation (FIC)'s hotel purchases in London and Kuching.
Meanwhile, Phee who is the Penang state Environment Committee chairman, was arrested by MACC on Aug 11 to facilitate a probe into an illegal factory at Bukit Mertajam.
Commenting on the incident, Mohd Noor said a suspect should be wearing their own clothes instead of the lockup uniform when they were brought to the magistrate's court for remand.
"The purpose of a remand is to allow the officers to conduct further investigation but this does not mean that the person has committed an offense, hence he should be treated normally like other civilian.
"Isa has the right to take legal action against the MACC for dressing him up in lockup uniform which give the negative perception that he has been convicted.
"However, I believe the MACC officers must have a reason to make him wear the lockup uniform." he said.
Meanwhile, Musa said that since Isa was arrested and detained at the MACC lockup recently, he is also bound by the lockup rules and hence was required to put on the lockup uniform when present in court.
Musa added that there will always be a discretion in enforcing the law, depending on the situation.
"For instance, a suspect who has many followers may require a handcuff when he is brought to the court for fear that the followers may attempt to help him to escape.
"The same approach may be applied to those with those with many previous convictions.
"The officer need to take into consideration many things before doing so," he said.
Musa added that enforcement officers too are taking risk in fulfilling their duties.
He said that, for instance the officers can be charged in court if the prisoner under their care managed to escape due to their negligence.