KOTA KINABALU: The High Court here ordered the police to undertake a full and thorough investigation into the police reports made by a 30-year-old woman who applied for a judicial review for the return of her yacht which she claimed was unlawfully detained by a local businessman.
Justice Datuk Abdul Rahman Sebli ruled in the judicial review application by Gu Kien Lee from Sarawak that when a police report was lodged to the Royal Malaysia Police (PDRM) on a criminal matter, they must take proper steps to investigate into the report and pass it to the office of the public prosecutor for the purpose of prosecution.
He said that the two police reports made by the applicant concerned a serious matter involving the offence of criminal extortion, which is a crime punishable by imprisonment, fine and whipping.
Gu had on June 27, this year filed the application seeking an order of mandamus directed at the PDRM, who was the sole respondent, to detain, secure and return the 31-foot Gulcraft yacht worth RM300,000 to her which has been unlawfully and wrongfully detained by a businessman at a residential area in Petagas here.
Apart from that, Gu also sought other reliefs deemed fit by the court.
In his ruling, Abdul Rahman held that although the court could not grant the order of mandamus prayed for by the applicant, the court could not turn a blind eye to the demands of justice in this case.
He said the court was empowered to grant any other relief deemed fit by the court and applied for by the applicant.
The court rejected the contention of Senior Federal Counsel Shamsul Bolhassan, who acted for the respondent, that this was a civil matter between the applicant and the person who detained her boat.
Abdul Rahman said whether it was a civil or criminal matter, that decision was not for the police to decide.
“That decision,” he said, “was for the public prosecutor to make after the police had completed their investigation into the applicant’s police reports.”
“Furthermore, even if it was a civil matter, it can include criminal prosecution in certain cases,” the judge said.
Abdul Rahman also rejected the contention by the respondent that the matter had been classified as Referred To Magistrate (RTM) as there was no reason why the matter was not referred to the public prosecutor instead of a magistrate.
He said the applicant was free to pursue any other remedy against all parties responsible in this matter and chided the police officer, who instead of acting on the two police reports made to him, had proceeded to arrange an amicable settlement of the case.