Sunday Times 2
Police probe on mega deals: Delays explained
The definition of Criminal Offences and the categories of Criminal Offences are clearly explained in the Penal Code. The procedure as to how such criminal offences should be investigated and brought before Courts for prosecution is also clearly spelt out in the Criminal Procedure Code. The Police Department has categorised these offences into “minor offences” and “grave crimes”. The details of such categories are detailed in the Departmental Orders (DO).
Every police officer is trained and taught how to conduct criminal investigations. Investigations into minor offences such as simple assault are fairly straightforward and simple. Evidence has to be gathered from witnesses, a medical report has to be obtained from the Judicial Medical Officer (JMO), and the productions have to be collected. The process normally takes a reasonable amount of time. If it is a case of assault causing grievous hurt, the process takes more time than in the case of simple assault. In such cases, the injured persons have to be examined by the JMO and a report from him has to be obtained to decide on the degree of the injuries to determine under which section of the Penal Code the suspects have to be charged. Obtaining the report of the JMO takes time. Hence the longer time period before the perpetrators could be brought to courts.
There has been a hue and cry from the people and even some politicians as to the delay in starting investigations into complaints of large scale or mega scale offences of bribery, corruption, fraud, forgery and money laundering. There has been a deluge of complaints to Bribery and Corruption Commission and the Criminal Investigations Department. Merely making a complaint does not make the person against whom such a complaint has been made guilty of such an offence, or such complaint is proof of the guilt of the person. As it is well known, there are specialised units within the Police Department to entertain complaints and investigate specific crimes as most officers working in such specialised units are trained and experienced in handling such cases. The CID, the Bribery and Corruption Commission, the Fraud Bureau, Police Narcotics Bureau, the unit dealing with offences under the Intellectual Property Act, Money Laundering, Terrorist Investigation Branch (TID) are some of the sections within the Police Department. Though every police officer is an investigator, he is not equipped or educated enough to undertake investigations into offences that come under specialised sections. Such offences are not “open and shut” cases or everyday criminal offences where direct evidence is available from people who have witnessed such offences being committed.
In the case of the so called “mega” criminal offences such as bribery, corruption, money laundering, violations of financial and administrative regulations (FR&AR) and disposing of funds without proper accounting procedures, investigations cannot be undertaken immediately just because complaints have been made. Special unit police officers handling such cases need to examine the complaints, collect evidence both direct and documentary to determine the type of offence which has been committed by those against whom such complaints have been made. To determine the type of offences which are prescribed in the Penal Code, the police officers have to sift evidence collected and examine the ingredients. These steps are necessary to categorise the offence and to determine under which law — the Penal Code or any other legislation — that the perpetrators may be brought before a court of law.
In respect of drug barons and drug mafia, no financier or mafia don handles the distribution or disposal of heroin. There are hidden faces who rake large profits without getting caught. In the much-talked-about case where an MP has been grilled for several hours, luckily he has not been roasted yet. In fairness to the Police, the statement made by the suspect does not constitute an offence under the Poisons & Dangerous Drugs Ordinance (PODD) to take the MP into custody and remand him. However, his bank accounts, if minutely examined, will unearth the funds he has collected by illegal activities. He could be roped in under the Money Laundering Act which is fairly effective. To investigate such money laundering offences, the officers need to be well trained in “forensic accounting procedures” and “forensic investigations”. It may be necessary to obtain the expertise of well known accounting firms and also the expertise of State Attorneys.
There are honest, efficient and experienced police officers in various specialised units. They are capable of undertaking the so-called mega investigations, but one cannot expect them to complete the investigation just because a complaint has been made. Understandably, the people want action by taking into custody all those against whom complaints have been made. The investigators have to gather evidence to ascertain whether a prima facie case can be established on the evidence collected by them in respect of the complaints made. A reasonable period of time will be necessary for the investigators to conclude the investigations, report facts to courts, and take necessary legal action against the suspects under the normal law of the land.
(The writer is a retired Deputy Inspector General)