Lawyer cites judgement in ex-IGP Rahim Noor's case after cop who assaulted deaf driver escapes jail

The lawyer for deaf e-hailing driver Ong Ing Keong said his client was relieved that the person who assaulted him was finally charged, but said the RM1,000 fine did not reflect the seriousness of the offence as it involved a police officer.

Zaid Malek said the court should have taken into consideration that Taufik Ismail, 32, who pleaded guilty to causing hurt under Section 323 of the Penal Code, was a policeman, adding that Ong was assaulted without any provocation.

He referred to a similar case in which former inspector-general of police Abdul Rahim Noor pleaded guilty to assaulting current Prime Minister Anwar Ibrahim hours after his arrest on September 20, 1998.

Two years after the incident, the Court of Appeal dismissed Rahim's appeal against a two-month prison sentence.

"The Court of Appeal laid down the legal principle that in cases of 'police officers assaulting the public, the courts must send a message of public abhorrence by coming down hard and nothing short of a custodial sentence, even for a first offender, would suffice'," said Zaid.

Zaid said the RM1,000 fine for Taufik "appears inadequate as the perpetrator of the assault is a policeman, whose duty is to protect the public and not to cause harm".

"The assault was unprovoked, and the victim a disabled person carrying out his work as an e-hailing driver," he added.

Nevertheless, Zaid said his client was grateful to all those who joined the campaign to bring the perpetrator to justice.

"Ong is grateful for all the public support, concern and sympathy he has received over the past five months," he said.

Justice delayed

Dashcam footage of the incident which took place on May 28 showed Ong waiting for passengers outside the St Regis Hotel in Kuala Lumpur, when a man shouted at him to move his car to make way for an entourage of Johor regent Tunku Ismail Sultan Ibrahim, better known as TMJ.

Ong then rolled down his car window to speak to him when the latter suddenly punched him 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Ong rejected a claim by city police chief, Rusdi Mohd Isa, that he had withdrawn his police report as it was a "misunderstanding".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 had given 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.

The delay in taking action was also criticised by the government's Human Rights Commission (Suhakam), which questioned Attorney-General Ahmad Terrirudin Mohd Salleh over his silence.

Meanwhile, Anwar Ibrahim's remarks defending the delay in charging the attacker, where he said investigation into the incident "takes time" and "is still open", drew immediate condemnation, with social media users reminding him to empathise with Ong as the prime minister himself was once assaulted by Rahim.

"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 Lawyers for Liberty (LFL), the rights group at the forefront of a campaign to ensure justice for Ong.