Special Branch cop makes fresh report with new evidence on alleged assault by border control chief

KUALA LUMPUR, Oct 12 — A Special Branch policeman who alleged he was assaulted by Malaysian Border Control and Protection Agency (MCBA) director-general Datuk Seri Mohd Shuhaily Mohd Zain has lodged a fresh report to submit new evidence.

Lawyers Kamal Hisham Ja’afar and Muhammad Nor Tamrin confirmed that their client, 40-year-old Lance Corporal Mohammad Faiz Muhamad Saman, lodged the supplementary report at the Sungai Besi police station on Oct 10, NST reported.

In the report, Faiz claimed he was using his mobile phone to photograph an incident at Kuala Lumpur International Airport (KLIA) Terminal 1 when his device was abruptly confiscated. He alleged that he was subsequently wrongfully detained, manhandled, assaulted, and intimidated.

In a statement today, the lawyers argued that details of the incident indicate potential offences under the Penal Code, including obstructing a public servant in the discharge of official duties, voluntarily causing hurt, using criminal force to deter a public servant, assault with intent to dishonour a person, and criminal intimidation.

The law firm alleged that Faiz and a second officer, Lance Corporal Muhammad Ekmal Sofwan Driman, who both serve as Travel Control Officers (TCO), were assaulted by Shuhaily in a public area, sustaining physical injuries and suffering humiliation.

Refusal of syndicate allegations and warning of legal action

The lawyers also announced they are considering legal action against parties disseminating statements targeting their firm and clients, dismissing claims that their legal fees were being financed by a criminal syndicate.

Faiz and Ekmal previously rejected allegations that they operated as touts or were complicit in illicit “counter setting” syndicates at the airport.

The firm warned that fabricating such allegations could constitute criminal offences under Section 505 of the Penal Code for statements conducing to public mischief, as well as Section 233 of the Communications and Multimedia Act 1998 for improper use of network facilities.

Last week, Attorney General Tan Sri Mohd Dusuki Mokhtar confirmed that his office had returned the investigation papers to the police for supplementary inquiries.

Investigators have recorded statements from 25 witnesses, but several evidentiary components, including the forensic verification of CCTV footage, remain pending before the investigation can be concluded.