The High Court yesterday upheld a magistrate's decision to his non-consent of compounding a case against four policemen on trial for an alleged assault of an arrestee.

PC 5807 Muhd Mu'izwan bin Kamran and L/Cpl 5371 Muhammad Hafizan bin Abdul Khan, represented by defence counsel Rozaiman Abdul Rahman, and Cpl 4718 Liew Chee Chian and Cpl 4473 Herdy anak Bujang, represented by defence counsel Pengiran Khairul Nizam bin Pengiran Haji Mohd Yassin, are on trial for the alleged assault on the arrestee at the Brunei Research Department area on Jalan Perdana Menteri on March 14, 2016.

The offence is compoundable and the arrestee was willing to compound the case provided each of the defendants apologised to him and pay compensation of $1,000, to which the defendants agreed.

However, the prosecution objected to composition to which the magistrate agreed, and refused consent of compounding the case citing public interest.

Defence counsel Rozaiman invited the magistrate to exercise its discretion to allow composition as it would save the court time and expense of a trial.

The prosecution submits in opposition to composition that allowing the defendants to be compounded from the case would undermine public confidence in the police.

The prosecution believes that the arrestee had been handcuffed by security officers of the Brunei Research Department and was not resisting arrest when he was beaten up by the policemen, in which the alleged act would have been a breach of the police colours who are expected to uphold the law and protect the public.

Justice Dato Paduka Steven Chong decided that the criminal proceedings against the defendants be brought to a conclusion either by a conviction or an acquittal.

Justice Dato Paduka Chong further explained that allowing composition would erode public trust and confidence in the police upholding the law.

"If the defendants are innocent of the charges, they should be vindicated by an acquittal," the Justice concluded.

The Public Prosecutor was represented by DPPs Shamshuddin Haji Kamaluddin and Ali Amani Nokman.

Source:
@BRUDIRECT.COM

by BruDirect.com

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