‘Use of force must equal threat’

PETALING JAYA (Jan 9, 2014): Everyone has the right to defend themselves but the use of force must be proportionate to the threat they are faced with, said prominent lawyers.
They were referring to a case where a Kuala Lumpur City Hall (DBKL) worker was beaten to death by a group of six Nigerians after he tried to rob them, along with two accomplices while impersonating police officers.
Criminal lawyer Amer Hamzah Arshad said in such a situation, people have the right to make a citizen's arrest and hand the suspect over to the police to investigate.
"You should not take matters into your own hands; if the perpetrators use some sort of weapon or try to attack, then you can resort to self-defence," Amer Hamzah said.
"When resorting to self-defence, you have to be under apprehension of death and the defence must be proportionate to the threat."
Amer Hamzah said although the full details of the case had yet to surface, the Nigerians can be charged with murder or culpable homicide.
He said the foreigners can be charged indiscriminately under the law but they are also entitled to legal defence and an impartial investigation.
Bar Council Human Rights Committee chairman Andrew Khoo similarly said the measures used in self-defence have to be equal to the attack.
"If, in the situation, the DBKL officer allegedly tried to rob them (the Nigerians), then they have every right to defend themselves but it has to be proportionate to the attack," Khoo said.
He also said the suspects' nationality should have no bearing whatsoever on the investigation. The Nigerians may be charged under Section 302 with murder or Section 304 with culpable homicide not amounting to murder, depending on the facts of the case.
Former deputy public prosecutor Farhan Read said the perpetrators may have committed offences under Section 380 for theft in dwellings, among other violations.
Farhan similarly echoed the sentiments of Amer Hamzah and Khoo that the suspects' nationality should not affect the case in any way.
"If they entered the country legally then there should not be any issue," he said.