PUNCHED in the face. Bloodied mouth. Four teeth lost. Not to mention the shock of being beaten in broad daylight and the fear of it happening again.

By Low Ching Ling
May 26, 2007
The New Paper

PUNCHED in the face. Bloodied mouth. Four teeth lost. Not to mention the shock of being beaten in broad daylight and the fear of it happening again.

Yet, Mr Kelvin Lee's assailant walked away scot-free.

No arrest by the police. Not even detention for questioning.

Sorry, we couldn't arrest the alleged attacker as this is a non-seizable offence, the officers had said.

The issue of why the police can't make arrests or launch an immediate investigation in non-seizable assault cases is not new.

Unlike seizable offences (such as murder, rape, voluntarily causing grievous hurt), where police officers are legally empowered to arrest without a warrant, they need a warrant of arrest or an order from a magistrate to make an arrest in non-seizable cases (such as misappropriation of property and mischief).

In the last 10 months, the issue was twice hotly debated in The Straits Times Forum.

The police has also given their side of the story several times. Essentially, their argument is that cases classified under Section 323 (punishment for voluntarily causing hurt) of the Penal Code are non-seizable, and require a magistrate's authorisation before the police can exercise full powers of investigation.

If the police decides that an assault case should come under Section 323, they will advise the victim to file a magistrate's complaint. The magistrate may then empower police to investigate the case.

But the issue will remain alive - as long as there are violent people and helpless victims.

So the questions keep popping up: How serious must a beating be for the police to step in and make an arrest? And if the cops are powerless, or reluctant to act, will this embolden the bullies?

In Mr Lee's case, the police would only say that it was non-seizable; they would not say if it comes under Section 323.

Losing four teeth is no laughing matter.

It's a serious act of violence - in any reasonable person's book.

How seriously would one have to be beaten up to warrant the assailant's arrest?

Last August, Ms Liew Sok Kuan wrote to The Straits Times about a vicious attack on her younger brother by a group of youths in Geylang. He suffered multiple facial fractures and damage to a facial nerve.

When he gave the police his assailants' motorcycle licence plate numbers, they told him it was a civil case and that he should file a magistrates' complaint if he wanted the police to investigate further.

His case was later reclassified to a seizable offence.

The letter sparked off a series of other letters. The police replied every time. And the answer was the same in almost all cases.

Cynical readers were left wondering if they should continue reporting assault cases, or if they should do so only after someone has been beaten to death.

Earlier this year, the debate was revived when two Straits Times readers wrote about being involved in non-seizable assault cases.

Despite classifying Mr Lee's case as non-seizable, the police say they are investigating it - even though Mr Lee has not filed a magistrate's complaint. So there is still a chance that the alleged assailant may be arrested.

But by and large, the questions remain.

Is filing a magistrate's complaint realistic or effective? By the time the victim files his complaint or gets out of hospital from injuries, would the case have gone cold?

If there were witnesses, and they could still be traced, would they be able to recall the details clearly?

Would the culprit have time to flee from the law? And what if he strikes again?

Granted, the police do not want people to make indiscriminate reports or use it as a malicious tool. But we should also not let culprits exploit any loopholes.

It's time to untie the hands of our men in blue, and cuff the violent before more blood is spilt, more teeth lost - before fear becomes widely palpable.

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