An incident took social media by storm recently after a viral video recording showed 3 men being apprehended by the authorities for illegally trespassing the official residence of the Selangor Menteri Besar in Section 7, Shah Alam.
The incident which took place on 5 January 2024 was confirmed by the Shah Alam District Police Chief ACP Mohd Iqbal bin Ibrahim, who also asserted that the 3 suspects have been detained and remanded for 2 days to assist in investigations.
The Royal Malaysia Police (PDRM) further revealed that all 3 suspects are Malaysian males aged 31 to 35 and have no prior criminal records. They have all been identified as local media practitioners by the police, with media reporting that one of them is allegedly a reporter for Harakah, the official mouthpiece of PAS.
Mohd Iqbal said that the police received a report on the incident at around 6.10pm on 5 January, lodged by the operation assistant at the Selangor Menteri Besar official residence. Acting on the information, arrests were made at 7.30pm at the location, with the Proton Waja being used by the suspects also seized.
The suspects allegedly entered the Selangor Menteri Besar official residence on the pretence of attending a meeting but checks found that all 3 of them were not officially invited to the meeting.
According to media reports, the suspect who is allegedly a Harakah reporter tried to enter the official residence but was denied entry by the security staff. He then hid inside the Proton Waja and trespassed into the official residence with the other 2 suspects with the pretence of joining the aforementioned meeting.
However, their scheme was revealed after the police examined the car when it was parked at the official residence. It is unknown what the motives behind their actions were but what is apparent is that they have likely committed a crime by trespassing into the Selangor Menteri Besar official residence.
In fact, they may face imprisonment of up to 6 months, or up to RM3,000 fine, or both for their actions. Well, join us as we elaborate on the relevant laws on the matter below.
Criminal trespass
In Malaysia, there are a few laws that deal with the act of unlawfully trespassing into someone’s property, building or house. These include several provisions in the Penal Code such as the ones dealing with criminal trespass, house trespass, lurking house trespass and housebreaking.
However, based on what has been reported on the case, the most relevant provision for the 3 suspects’ actions is Section 441 of the Penal Code which deals with criminal trespass.
Section 441 is as below:
According to the provision, an individual is deemed to have committed criminal trespass if they:
Applied to the incident, it could be argued that the 3 suspects have entered into a property in the possession of another and unlawfully remained there, which in this case, is the official residence of the Selangor Menteri Besar.
However, for the 3 suspects to be considered committing criminal trespass, it must be established that they entered and unlawfully remained at the property with the intent to either intimidate, insult or annoy any person or with intent to commit an offence.
Section 447 of the Penal Code
Should the investigation find that the suspects have fulfilled the above element, they can then be punished under Section 447 of the Penal Code which deals with the punishment for criminal trespass. Accordingly, Section 447 is as follows:
Should they be charged in court and convicted under Section 447 of the Penal Code, they face up to 6 months in jail, or up to an RM3,000 fine, or both. Hence, let this be a reminder for everyone to respect the property of others and not engage in any form of criminal trespass.
Moving forward, it’d be interesting to see the police’s findings of the case and whether the suspects would be charged in court for criminal trespass. Until then, it’s important for everyone to remain calm and let the law take its course.
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