M'sia police escort fined RM1,000 for assaulting deaf e-hailing driver

MALAYSIA: A police escort for a VIP was fined RM1,000 (approximately US$227) by the Magistrate’s Court in Kuala Lumpur on 4 November after pleading guilty to assaulting an e-hailing driver with disabilities (OKU) in a hotel lobby last May. Magistrate Farah Nabihah Muhamad Dan handed down the sentence to Lance Corporal Muhammad Taufik Ismail, 32, who admitted to the charge of voluntarily causing hurt to Ong Ing Keong, 47. The incident occurred around 11.40 am on 28 May outside the St. Regis Hotel lobby in Brickfields, Kuala Lumpur. “The court imposes a fine of RM1,000, or in default, a 20-day jail term,” said Farah Nabihah. The charge was framed under Section 323 of the Penal Code, which stipulates a prison term of up to one year, a fine of up to RM2,000, or both, upon conviction. Muhammad Taufik, represented by lawyer A. Ashok, paid the fine. According to case facts, Ong, who is deaf and mute, had stopped his vehicle at the hotel lobby to pick up a passenger. After waiting for about five minutes, he noticed his passenger approaching the car. However, he was soon confronted by a group, including Muhammad Taufik, who signalled him to leave. Due to his disability, Ong was unable to comprehend their hand gestures. In an attempt to clarify the situation, Ong lowered his window and gestured using sign language. In response, Muhammad Taufik punched the driver in the face, resulting in pain and swelling on Ong’s right cheek. At the time of the incident, Taufik was reportedly escorting Johor Regent Tunku Ismail Sultan Ibrahim. After the altercation, Ong completed the passenger drop-off and subsequently lodged a police report, which was corroborated by a medical report indicating swelling on his face. During proceedings, deputy public prosecutor Datuk Razali Che Ani requested a sentence that would serve as a deterrent, particularly due to the involvement of a police officer. “The victim, a person with disabilities, deserved assistance, not harm,” said Razali, who handled the case with DPP Mohd Safarizal Zakaria. In contrast, Ashok sought a minimum fine, highlighting that his client had served nine years in the police force and had maintained a clean record. “In this case, the victim did not sustain serious injuries, and there were no motives or elements of severe crime or extreme violence involved. " "Furthermore, no weapons or tools were used to inflict harm. My client was fulfilling his security duties at the time and has expressed remorse and apologised to the victim and his family,” Ashok stated.

Zaid: Ong's Pursuit of Justice Took Five Months

Also present was Zaid Malek, the executive director of the Malaysian rights group Lawyers for Liberty (LFL), who held a watching brief on behalf of the victim. Zaid stated that justice has been served for Ong, noting, “He wanted the aggressor to be brought to court, and that happened today." "It took him five months to achieve this in what should have been a simple and straightforward case, especially with the existence of a dashboard camera recording and medical evidence." He did everything possible to fight for his rights, engaging with the police and the Attorney-General's Chambers, and sharing his story at press conferences.” At the time of reporting, Zaid mentioned that he had not yet conveyed the court's decision to Ong. “He was not even aware of the charge today. He is still working as a Grab driver, and I will send him a message about this.” LFL had repeatedly criticised the authorities for their inaction in this case, as no one had been arrested or charged for the assault months after the incident. In August, LFL released the dashboard camera footage of the assault during a press conference, where Ong recounted the incident through a sign language interpreter. The Deaf Advocacy and Wellbeing National Organisation Malaysia (DAWN) in July accompanied Ong in submitting a memorandum to the Attorney General’s Chambers (AGC). They expressed disappointment over the delay in justice and noted that the police had warned Ong not to share the video of the assault, which he complied with, yet justice remains delayed.