KUALA LUMPUR – In a shocking development, police have decided that there is no criminal element in the harassment and assault of a reporter from The Vibes by a security guard at a government facility.
The decision was conveyed to The Vibes less than an hour after reporter Qistina Nadia Dzulqarnain had given her statement.
Dang Wangi district police chief Noor Dellhan Yahaya said police will not pursue further the case, saying the aggrieved party can instead take up the matter to the magistrate if they decide to pursue a civil suit.
“The report has been classified as ‘refer to magistrate’,” Noor Dellhan told The Vibes on Saturday night.
“There is no criminal offence involved, no elements of crime, no one was assaulted. As such, the complainant can refer the case to the magistrate for civil action.”
Noor Dellhan said police will issue a form to the complainant to take up the matter to the court, if she decides to do so.
Qistina Nadia’s report indicated that she was manhandled and her cell phone was seized – both offences under the Penal Code.
The Vibes was not informed that Qistina Nadia’s case would be referred to the magistrate when the latter's statement was being recorded.
She was accompanied by Petra News Editor in Chief Terence Fernandez and The Vibes social media head Lancelot Theseira.
It appears Dang Wangi police are in a hurry to close the case, having made the decision not to pursue the matter without even investigating nor taking a statement from the security guard in question.
On Saturday morning, Qistina Nadia and Theseira were surveying the long queues at the immigration counters at the Pudu Urban Transformation Centre (UTC).
During their visit, the journalists were harassed and threatened by security guards working at the premises, with the former subjected to a barrage of verbal intimidation, as a video that has since gone viral shows.
They were told they could not take pictures or speak to the public without formal approval from management authorities, among other instructions, with the guards also shouting aggressively demanding they leave the premises.
The security personnel later forcefully snatched a phone away from Qistina Nadia after realising they were being recorded, before Theseira retrieved it during the commotion.
In her police report, Qistina Nadia also specifically mentioned that her wrist was grabbed by one of the guards who later took her phone off her hand.
When contacted for further details, the investigating officer, Inspector Muhammad Fikri Abdul Manan, concurred that no criminal element was involved.
Asked if the harassment by the guards was tantamount to criminal intimidation, Fikri said this will only be the case if there was a threat made to hurt the other party.
“When we recorded Qistina Nadia's statement, she said she wasn’t hurt. Her colleague also mentioned that they don’t require any medical attention.”
Fikri said after Qistina Nadia had lodged her report, he was immediately informed by Noor Dellhan that the case was to be referred to the magistrate.
He added that one of the on-duty security guards, who witnessed yesterday’s incident and had similarly lodged a “covering report”, has also been told that police will not be pursuing his complaint and that he can instead take civil action.
Immigration Director-General Datuk Seri Khairul Dzaimee Daud had told The Vibes that his department had begun an immediate investigation into the incident, and vowed to improve its services to the public, amid complaints of long queues.
The Finance Ministry, which is in charge of establishing and overseeing all UTCs in the country, is also looking into the matter, an officer said. – The Vibes, May 16, 2022
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