Wilfred Madius Tangau
KOTA KINABALU: UPKO Honorary President Datuk Seri Wilfred Madius Tangau has called for equal treatment and impartial enforcement of the law in dealing with police reports concerning a proposed Christian gospel concert and remarks made by Sepang UMNO division chief Datuk Noorazli Said.
Madius, who is also Tuaran Member of Parliament and Tamparuli Assemblyman, said a police report was information requiring assessment and did not, by itself, prove that an offence had occurred or that anyone was guilty.
“The two reports concerning the proposed Christian gospel concert therefore do not, without further evidence, establish that the proposed event is unlawful or that the organisers or performer have committed any wrongdoing,” he said in a statement today.
He said police could open an investigation where information received disclosed a possible offence or otherwise warranted further inquiry under the law.
“An investigation is a fact-finding process, not a finding of guilt,” he said.
Madius said the Sabah Police Commissioner had reportedly stated on Sept 28 that two reports had been received concerning the concert, with no investigation paper opened at that time.
However, police were monitoring the matter, recording statements and considering whether to advise postponement on public-sensitivity and public-order grounds.
He said such advice was distinct from an investigation or enforcement action.
“A security assessment considers whether identifiable risks to public safety or order exist and whether they can be managed through lawful and proportionate measures.
“It does not, without further findings, establish that an event is unlawful,” he said.
Madius said separately, police had confirmed receiving 86 reports concerning remarks about a priest and a nun made by Noorazli, with an investigation opened and statements reportedly recorded from 93 witnesses.
Noorazli subsequently apologised for the remarks, which Madius said was relevant context that should be acknowledged, although it did not by itself determine the legal outcome of the investigation. Police subsequently referred the investigation paper to the Attorney-General’s Chambers after recording statements from 93 people.
“These matters may involve different facts, laws, evidence and security considerations and should be assessed separately.
“The number of reports alone does not establish inconsistent treatment,” he said.
Madius said one report could disclose information requiring investigation, while multiple reports could concern the same incident or repeat substantially the same allegations.
“Law enforcement cannot be judged solely by comparing report numbers,” he said.
Nevertheless, he said the public was entitled to understand the standards applied.
“Consistency does not require identical outcomes in different cases. It requires the same commitment to legality, evidence, procedural fairness and objective reasoning, with material differences explained where possible and lawful,” he said.
Madius said Article 8(1) of the Federal Constitution provided that all persons were equal before the law and entitled to the equal protection of the law.
He said this did not require every case to be handled identically, but required distinctions in treatment to be based on relevant and lawful differences rather than arbitrariness, discrimination or improper considerations.
“Every report should therefore be assessed according to its facts and the applicable law, regardless of political affiliation, religion or community.
“Political affiliation must neither shield anyone from lawful scrutiny nor expose anyone to heightened scrutiny. Likewise, a religious gathering should not face greater scrutiny merely because objections or reports have been made,” he said.
Madius said the authorities should distinguish between receiving a report, assessing whether it disclosed a possible offence or required further action, opening and conducting an investigation, carrying out a security or public-order assessment, and taking enforcement or prosecutorial action where the applicable legal requirements were satisfied.
“A report is not an investigation; an investigation is not proof of guilt; and a security assessment is not proof of illegality,” he said.
He said enforcement action or prosecution must be based on applicable law, relevant facts and evidence sufficient for the decision in question, rather than merely on the existence of reports, public pressure or controversy.
On the proposed Christian gospel gathering, Madius said any restriction could also engage the freedom to profess and practise religion under Article 11 of the Federal Constitution.
“This does not exempt the event from lawful regulation, but it requires any restriction to rest on clear, lawful and proportionate grounds,” he said.
He stressed that organisers must comply with all applicable licensing, immigration, venue, safety and crowd-management requirements.
Any decision to impose conditions on, postpone or prohibit the concert, he said, must be authorised by law and based on specific and credible security, public-order or other lawful considerations.
Madius said public sensitivity could legitimately inform operational planning and security precautions, but should not operate as a free-standing veto.
“Any recommendation to postpone or prohibit an event should be connected to a lawful power, an identifiable risk and an assessment of whether less restrictive measures would be sufficient,” he said.
He said the existence of two reports should not automatically determine the outcome for an event that otherwise satisfied all applicable legal and regulatory requirements.
“Where genuine risks are identified, the authorities should explain them as clearly as legally and operationally possible and consider whether appropriate safeguards or conditions can adequately address them.
“Any restriction should be no broader than reasonably necessary to address the identified risk,” he said.
Madius called on the police and other relevant authorities to clarify, as far as legally permissible, the present status and general legal basis of action in both matters, without compromising any ongoing investigation or operational security.
“Police reports initiate an assessment; they do not determine its outcome.
“Sabahans are entitled to one evidence-based standard of law enforcement—applied impartially, without political favour, religious prejudice or surrender to public pressure,” he said.
The proposed concert, involving American gospel singer Israel Houghton and his group Israel & New Breed, has drawn two police reports, with Sabah police saying they were monitoring public reactions and community sensitivities.
