Lawyers condemn Anwar's 'flippant' remarks as deaf driver still awaits justice after 115 days

Rights lawyers have condemned Prime Minister Anwar Ibrahim's defence over the long delay in bringing charges in the case involving the assault on a deaf e-hailing driver four months ago, despite a dashcam recording providing clear evidence.

Lawyers for Liberty (LFL) said it was flippant for Anwar to say that the investigation into the assault on Grab driver Ong Ing Keong "takes time" and "is still open", adding that it was a straightforward case with clear evidence.

"This is not a complicated murder case or a mega- financial scandal that it requires so much time. Anwar appears to have no answers, but only evasions," said Zaid Malek, who is also the lawyer representing Ong.

He reminded Anwar that police had already sent investigation papers to the Attorney General’s Chambers.

"This response by Anwar is contrary to good governance and utterly fails to provide an explanation to the public as to why a simple assault case has resulted in no prosecution against the suspected police personnel over the past 115 days. The suspect is identified by police and the assault has been recorded on video," he said.

Anwar's response comes two weeks after some 200 organisations and individuals representing the disabled, human rights activists, academics and e-hailing drivers urged him to intervene to ensure justice for Ong, who was assaulted on May 28 at a hotel in Kuala Lumpur.

Dashcam footage of the incident showed Ong waiting for his passengers outside the St Regis Hotel when a man shouted at him to move his car to make way for a royal entourage of Johor regent Tunku Ismail Sultan Ibrahim, better known as TMJ.

Ong, who is deaf, then rolled down his car window to speak to what looked like a police officer, before the man suddenly attacked him with a hard punch on the face.

Ong was later treated at Kuala Lumpur Hospital for a soft tissue injury.

Public outrage increased when it was revealed that a "palace representative" had asked Ong to withdraw his complaint lodged with the Brickfields police station.

Ong rejected a claim by city police chief Rusdi Mohd Isa that he had withdrawn his police report as it was a "misunderstanding". 

Instead, Ong disclosed that an officer gave him the choice of either accepting a sum of money from the palace representative or having his phone confiscated if the case went to court.

Zaid said the public was rightly concerned that the police escort responsible for the assault had not been brought to court to face charges.

He contrasted this to charges and convictions being handed down at "breakneck speed" in cases brought under draconian laws to silence government critics.

"Why not in Ong Ing Keong’s case?" he asked.

"It is audacious for the PM to then ask people to abstain from speculating on the matter when the failure to prosecute despite clear evidence is obvious to everyone.

"The PM has failed to grasp the gravity that the failure to prosecute has upon the public confidence in our criminal justice system. His flippant response has only generated more questions," he added.

Zaid said that as head of government, Anwar had a responsibility to ensure that the rule of law was upheld.

"The administration of justice is not done behind closed doors, and as such the public is entitled to scrutinise the actions of the authorities and the government. Public concern on the delay in Ong Ing Keong’s assault case cannot be dismissed as mere impatience; it is the expression of discontent of the justice system and is about whether or not the law is applied equally, without fear or favour," Zaid said, adding that the investigation must also include the allegation that a palace representative was allowed by police to pressure Ong to drop the case.