Xenofobia dan Diskriminasi? Bangsa aku lebih mulia daripada kau?

(WARNING: READER DISCRETION IS ADVISED)

Written by: Averroes

I find great elusiveness to be complacent considering the amount of violence and exertion of physical abhorrence to those not within the same national group. Likewise, this is common and persistent which also transcends beyond to encompass race, religion, customs or any political ideologies. As long as political discord is implanted in Malaysia, even as early as schools, unity and tolerance is far to be compromised. The author seeks to address this issue particularly on the recent incident that stunned many Malaysians. 

The issue became viral when an eight (8), minute video was released on social media platforms that depict a security guard being physically assaulted with a truncheon or baton at a parking lot at a condominium at Wangsa Maju. Surprisingly, it had amassed a ridiculous one (1), million views and 25,000 shares with comments upon thousands on Facebook. Some sources claim that it was only 44 seconds and posted on July 31st. 

To understand what was the commotion, the video appears to have the security guard's manager beating and taunting him with the words, "What's your problem? Are you flaking off? You are here to work, why are you creating trouble. I am good to you, and yet you.... Who do you think you are? Are you here to work or make trouble?"

The man allegedly bruising the worker is Mannu (the manager), which the Nepali Times identified through local interviews in Malaysia. The abused was Santosh Sapkota. Though the validity of these claims is quite unclear as other interviews and news had provided for their real identities. 

Soon, the video reached the attention of the Nepalese Embassy which then reported the fracas to PDRM. Wangsa Maju (OCPD) Police Chief Superintendent, Rajab Ahad Ismail then commented that the incident happened at a condominium car park at Jalan Madrasah. He also further states that, "It is believed that the incident involved the suspect, a Pakistani national, and a Nepalese working as a security guard at the building." The assailant was brought to IPD Wangsa Maju under police custody at 5pm for further investigations. The abused is still being searched by the authorities, but his name and certain details were managed to be known. 

Pursuant to the statement, this incident will then be investigated as under section 324 of the Penal Code for voluntarily causing hurt by dangerous weapons or means. This provision carries a hefty price as compared to section 323 as its punishment is more heavier that is imprisonment that could extend to ten, (10) years, or with fine, or whipping or with any two of such punishments. The author does not have cases to illustrate this provision, but it is fruitful to consider the below provision.

Compare it with section 323 of the Penal Code for voluntarily causing hurt by voluntarily causing hurt with punishments of a term that extends to one year, fine to the extent of one thousand, (1,000) ringgit, or with both. The former provision carries a hefty price. 

In the case of Emperor v G.B Ghatge [1948] 51 QCM L.R. 103, a school headmaster was prosectued under section 324 of the Indian Penal Code which is pari materia with the Malaysian Penal Code. He had physically abused his student as a disciplinary punishment. The High Court of Bombay states that the headmaster was not guilty as it was for the sake of improvement and development of the student as the parents had given consent for their child to be punished, Also as in Manswell v Griffin, [1908] 1 K.B. 60, it was based on good faith with no vile intentions. 

Therefore, if the assailant were to only cause hurt with the absence of weapons, then he  may resort to that case above when in court and that the Public Prosecutor alternatively can present section 87 of the Penal Code if the act was intended or reasonably known to have incur serious injuries or fatalities or less of the wounds, then it was intentional without consent and had exceeded the threshold provided under the statute. 

Surprisingly, the security guard himself, which according to FMT, (the abused) was Eslam Husen aged 26, himself had been lodged against under a police report too and he is being tracked. (Though this report was based on another incident which involved a third party.) The news by FMT also contradicts the Nepali Times as the manager is not a local, but also a fellow Nepali by the name of Ram Gopal Murau, aged 34. There were many contradictions, we should consider our Malaysian news outlet more accurate than the Nepali news. It is noteworthy to know that this incident had already occurred on the 7th of July, almost a month ago!