RESPONSE TO BORNEO BULLETIN OPINION LETTER

Ag DSP Nur Haidah Hj Abd Halli

FOLLOWING the publication of the article entitled “Assault Cases: Call to review penalty” in Ignatius Stephen’s column of the Borneo Bulletin on October 30, 2009, the Royal Brunei Police Force through their Public Relations Unit have issued a statement and have acknowledged the concerns expressed for local authorities to review back the penalty for cases concerned.

In the Brunei criminal justice system pertaining to criminal offences, the Penal Code is an act to establish a code of criminal law. The Royal Brunei Police Force Act (Chapter 50) stipulates the powers of police in the execution of his duties. In the event of exercising police duties on criminal matters, the police actions must comply with the established procedures. The Criminal Procedure Code (CPC) is an act to establish a code of criminal procedure. Thus, the police action in this case shall be guided by the procedures established under the CPC.

Criminal offences can be categorised under seizable offence and non-seizable offence. The police in respect to a particular criminal offence in the event to make an arrest may without warrant or with a warrant. Section 28 of Criminal Procedure Code stated the provisions whereby a police officer may arrest without warrant.

However, at the pretext in the line of police investigation on pursuing criminal offences, the police have to adhere police powers and obliged to rules and regulation. It is the responsibility of the police to maintain law and order.

At the said event, the three policemen mentioned in the article who were performing their routine duties were alerted to the incident. The three policemen succeeded to separate the attacker from the victim.

As they were separated, the police did not ask the man to leave; unfortunately he drove away with his car when the three policemen were busy in the midst of identifying and interviewing witnesses. Immediately after the incident the victim went to the Central Police Station to lodge a police report, and thereafter he was advised by the police to go to RIPAS Hospital for a medical examination.

The result of the medical examination is crucial, as this will determine the proper charge to be preferred against the attacker once the investigation is complete.

However, after interviewing the victim and several witnesses, the officers from Central Police Station, Bandar Seri Begawan worked relentlessly to trace the attacker. The officers’ effort finally paid off when the suspect appeared at the station and gave his full cooperation to the police the next day.

The police will carry out impartial investigation into this case. Once our investigation is complete the investigation file will be referred to the Attorney General Chambers.

In our efforts to ensure the safety and security of our citizens and the community, the Royal Brunei Police Force will continue its mission to uphold law and maintain order in accordance with the powers conferred by any written law of the land.

With the continuous support and cooperation from the public, we can continue to enjoy the peace and stability of our beloved country, Brunei Darussalam.

Head of Public Relations, Public Relations Unit Police Headquarters Gadong
Royal Brunei Police Force
Bandar Seri Begawan BE1710

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