The call made by the Deputy Inspector-General of Police, Datuk Seri Ayob Khan Mudin Pitchay, to apply the Security Offences (Special Measures) Act 2012 (SOSMA) to crack down on syndicate-related criminal activities must be given the fullest consideration and support by the Malaysian Government, law enforcement agencies and the public, says Datuk Dr Yusoff Nook, the former Sarawak Police Commissioner today.
The ex-crime fighter also echoed the Deputy IGP’s view that the current cigarette and liquor smuggling laws were less effective in curbing the activity. “Malaysia has one of the highest illegal cigarettes prevalence in the world, where 6 out of 10 cigarettes sold in the country are not taxed and do not conform to any law or regulations.” “Sadly, this is not a new problem. For nearly a decade, Malaysia has been losing a significant amount of money in uncollected taxes to this economic crime, which is currently upwards of RM5 billion a year,” Datuk Dr. Yusoff added.
He also said that he has personally experienced cases where individuals have been arrested multiple times for smuggling but were able to walk free and continue to carry out their criminal activities. “Clearly, we need laws that have more teeth to take a big bite out of the criminal syndicates, especially their leaders and masterminds,” Datuk Dr. Yusoff continued. In addition to SOSMA, Datuk Dr. Yusoff also recommends the use of the Prevention of Crime Act 1959 (POCA) and Anti-Money Laundering and Anti-Terrorism Financing Prevention Unit (AMLA) against the kingpins of these criminal syndicates.
POCA provides the power to the police to arrest and hold a person for up to 60 days without charge or trial, which he believes is ideal legislation to be used against kingpins of illegal cigarettes. AMLA grants law enforcement agencies and the public prosecutor broad investigative powers, including the ability to freeze and seize properties involved or suspected in money laundering or terrorism financing offences, as well as the ability of the court to forfeit properties derived from the proceeds of serious crimes.
“As part of the law enforcement community, it is very disheartening for me to see dedicated officers of our law enforcement agencies risking their lives and limbs to conduct raids and making arrests and then see these perpetrators walking away scot-free,” he lamented. “In addition to dismantling criminal syndicates from the top down, more robust and pro-active
laws can also bolster morale across law enforcement officers, enhance integrity and better protect our men and women against reprisals,” he added.
According to Datuk Dr. Yusoff, it is equally important to provide power pack training to all officers, including the police, on the relevant laws, building and enhancing confidence. The training also includes the accountability and responsibility of enforcers, which formed the sound bedrock of their task.
Datuk Dr. Yusoff also explained that a key factor driving the trafficking of contraband products is due to the demand factor. “Smokers are drawn to illegal cigarettes because it is much cheaper compared to legal products. The margins are just too lucrative for criminal syndicates to ignore. It is important for the Government to explore policies to address the
demand of cheap illegal cigarettes.” “If we can find a way to cut off the supply and address the demand factor, the illegal
cigarettes issue will become a thing of the past,” he concluded.
