Malaysia

Group cries foul after deaf man 'pressured to settle' assault case

Victim's rights were also assaulted, says Malaysian Deaf Advocacy and Wellbeing Organisation

Updated 2 years ago · Published on 31 May 2024 9:33AM

Group cries foul after deaf man 'pressured to settle' assault case
Advocates for the hearing-impaired are alarmed by an assault on a deaf man, who was later 'pressured' to settle the case. – Pixabay pic, May 31, 2024.

A DEAF man who was assaulted by a VIP bodyguard was allegedly pressured to settle the case for RM800, a move the Malaysian Deaf Advocacy and Wellbeing Organisation (DAWN) described as alarming.

DAWN said it had received a firsthand account of the events from the deaf Grab driver, a 46-year-old man, who said the assault took place outside a hotel in Kuala Lumpur last Tuesday.

"The victim said he felt pressured to drop the case and be compensated for his injuries instead of pursuing the matter which would see his mobile phone confiscated," DAWN said, adding the Grab driver revealed that he had been presented with two options when he went to a police station to lodge a report.

"He was told that if he were to proceed with the case, his mobile phone would be confiscated, but if he were to drop it, he would be compensated for his injuries.

"The question remains: how is the phone related to the assault incident?"

The victim had allegedly asked for RM1,000 as compensation but the representative of his attacker offered him RM500 instead as he had the cash available. Several counter-offers were made until they finally agreed on RM800.

A police report was lodged against the bodyguard of a VIP for allegedly assaulting a disabled man at a hotel.

Bukit Aman Criminal Investigation Department director Shuhaily Zain told a press conference the case was filed under Section 323 of the Penal Code for voluntarily causing hurt.

The disabled Grab driver was parked at the hotel entrance as the VIP's convoy was leaving the property.

It was reported that the man had picked up four passenger at the hotel before one of the VIP bodyguards had knocked on his car door and assaulted him.

The driver sustained soft tissue injuries and was treated in Kuala Lumpur Hospital.

Hours after Shuhaily's press conference, Kuala Lumpur police chief Rusdi Mohd Isa said the case had been amicably resolved.

Rusdi said the driver had lodged a second police report stating that the matter had been “resolved amicably” and that he had attributed the incident to a “misunderstanding” and he did not want to pursue the matter.

But Lawyers for Liberty said there was no such thing as a “settlement” of a criminal case between the perpetrator and victim of a crime.

“Once the police receive information regarding commission of an offence, they are duty-bound to investigate the matter. Section 3(3) of the Police Act 1967 tasks PDRM with the preservation of the peace and security of Malaysia, the prevention and detection of crime and the apprehension and prosecution of offenders," Lawyers for Liberty director Zaid Malek had said.

DAWN said the incident was alarming, not only because the Grab driver was assaulted, but because his rights were not protected.

"Regardless of whether it was a misunderstanding, as purported by the media, every citizen, including the victim – whether disabled or not – must be treated equitably, with the inherent right to report incidents to the police for self-protection.

"Although he possesses an OKU card due to his inability to hear and speak (however, he is not mute), he should not be treated as a lesser citizen."

DAWN said the incident has “heightened the fears within the deaf community” regarding their lack of protection which has left them increasingly vulnerable. – May 31, 2024.

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