Investigating officer & his supervisor in Parti Liyani case neglected their duties: Shanmugam

Shanmugam said while investigations are carried out without fear or favour, neither should there be an intention to scapegoat anyone.

Sulaiman Daud| February 14, 2022, 03:28 PM

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Home Affairs Minister K Shanmugam said that the internal investigations into the officers involved in the Parti Liyani case have found that both the investigating officer (IO) and his supervisor had "neglected their duties".

Shanmugam was responding to a question by Member of Parliament Zhulkarnain Abdul Rahim, who asked for an update on the investigations.

"Some lapses" in investigating officer's actions

Shanmugam elaborated that "neglect of duty" means the failure to take proper action to perform a required task.

The penalty depends on the officer's degree of culpability and the harm caused by their actions, and it can range from a reprimand to a financial penalty to demotion or dismissal from service.

Shanmugam then explained, "The IO who handled the police report handled it as a routine theft case, and it was so, but there were some lapses."

The IO did not promptly visit the scene of the crime to carry out the investigation and gather evidence. This contributed to a break in the chain of custody for some exhibits.

The IO also did not properly verify some of the claims made by the parties during the investigations. The IO's supervisor also did not provide sufficient guidance, which contributed to the lapses.

Financial penalty imposed

Shanmugam said a financial penalty of the "medium range" was imposed on both officers for neglect of duty.

The Public Service Commission, as the authority for disciplinary control for civil servants, has concurred with the penalty imposed on both officers.

In a later clarification, Shanmugam explained further that the fines imposed on the two officers had differing amounts.

"I should clarify that they were calculated by reference to the number of months of increment that they would have gotten. The number of months is the same for both officers, but the amounts they paid is different and that’s the fine that’s been imposed."

Immense pressure faced by police officers due to workload

Shanmugam added, "The IAO (Internal Affairs Office) also took into account the intense pressure under which the IO was working under. He was handling many ongoing investigations, prosecutions, conducting arrest operations at the same time."

Shanmugam said that police investigation officers face workload challenges, something which he has spoken about before, and it is a difficult problem because of the "general manpower shortage".

"The only way to deal with this is to increase police headcount. We have not solved that issue yet," he said.

He added that the two officers were doing their job under difficult circumstances, and up until this incident, they had discharged their duties dutifully.

While he has sympathy for the situation they find themselves in, they fell short of expectations, and they were dealt with the way other officers would have been dealt with in similar circumstances.

Two important points

Earlier in his speech, Shanmugam said he made two points when the IAO started investigations against the two officers, which he has also made previously in Parliament and elsewhere.

First, the approach must always be to "do our duty" and conduct investigations without fear or favour.

Secondly, at the same time, "we do not look to scapegoat or act unfairly. We do not go out to blame and punish, just because there has been a lot of public interest in the matter, and because some call for heavy punishment."

Shanmugam said the case must be dealt with as with any other case regardless of publicity, and it must be done professionally and properly.

He also expounded on officers' discretion:

"Police officers have to often exercise their judgment and discretion in the course of their duties, sometimes on an urgent basis, but always under some sort of pressure. We want our police officers to be confident in exercising their discretion, when they are performing their duties. We cannot fault officers just because we think, with the benefit of hindsight, that we would have exercised our discretion differently in their situation, or just because we do not agree with their judgment or exercise of discretion.

And the officers must know that action will be taken against them, only if there are discipline issues or misconduct, or some breach. The management culture – all the way from the top, must be that we ask that the matter be dealt with fairly, be prepared to explain in public what action is fair and why."

Top image from Gov.sg YouTube.

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