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10 APRIL 2024

Sunday, October 20, 2019

Children's Commissioner Tells AG Tommy Thomas To Explain Reason For Dismissing Charges



Children’s Commssioner urged AG to explain dismissing sexual assault at tahfiz 

Datuk Noor Aziah Mohd Awal from the Human Rights Commission of Malaysia (Suhakam) reminded the AGC in a statement that the incident was of great public interest, and called on Attorney General Tan Sri Tommy Thomas to clarify why he decided against pressing charges.

public interest matter 
sexual abuse against minor at tahfiz in Manjoi

Suhakam urges AG to explain without delay 
reason for decision to drop criminal charges,” she said.

“Given the grievous nature of the alleged offences, the Children’s Commissioner believes that the mother of the victim is fully within her rights to commence legal action against the tahfiz school,” she added.

Magistrate’s Court made unexpected ruling to dismiss case of sexual abuse 
two months after recognising offence did take place
ruling followed directive by AG Thomas decision to dismiss case

In stern reminder to AG, Suhakam said rule of law should apply fully 
all children have a right to equal protection under the law.

On Aug 7, court acknowledged a violation had taken place 
based on complaint made by victim’s mother on same day

court instructed DPP to explain why investigation paper was closed 
with no suspects identified, despite victim being able to recognise suspects 


offence took place three years ago in Tahfiz al Barakah
then owned by popular preacher Kazim Elias 

My comments : It is obvious that there has been a major cock-up. 
Some massive coverups have also been going on since.

The Police did not follow SOPs. 
The mother has stated why wasn't her son the victim asked to identify the molesters?
The mother has also complained that the investigation by the Police was not completed at all, yet they classified the case as NFA (No further action). 

No one from the Police or from the AGC has rebutted the mother's statements.

We cannot blame the AG.
Without a full and proper investigation by the Police the AG has no case.
This is what has happened.

In our system of separation of powers the Police investigate, the AG prosecutes and the Court passes judgements.   

The AG cannot investigate.  The AG has to work with what the Police put inside the Investigation Report.  

Or in this case what the Police DID NOT put in their investigation report.

However the AG can tell the Police to investigate the case further. 

In this case it appears that there was no real need to investigate the case in too great a depth.  (This is not like the disappearance of Amri Che Mat, Pastor Koh, Helmy, Ruth, that one more person and now yet another person - that woman from India who has disappeared). 

In this case the Police just did not follow Standard Operating Procedure.  
What does this mean? It means it is not too late.  

The AG can 'advise' the Police re-investigate this case, following Standard Operating Procedure.    I think that should be within the authority of the AG.

Of course the real culprits here are the Perak Police.
Diam saja.

Folks I searched for the Perak CPOs picture and name at the PDRM website (maintained by Pemudah??) and I could not find any. 

Instead I found the address, phone, fax and email for the CPO of Perak. 

Here is his email :    KETUA POLIS PERAK : cpo.perak@rmp.gov.my

The full address is : 

Ibu Pejabat Polis Kontinjen Perak
Polis Diraja Malaysia
Jalan Sultan Iskandar
30000 Ipoh,  Perak
Telefon :  05-2451222
Faks :  05-2533911, 05-2539993

Emel : IPK PERAK : cccprk@rmp.gov.my
KETUA POLIS PERAK : cpo.perak@rmp.gov.my


I did search news articles and this picture and name popped up (dated March 2019):



Perak police chief  Datuk Razarudin Husain @ Abd Rasid


I don't know if Razarudin is still the Perak CPO but n'theless I think the Perak CPO should reopen this investigation immediately.

Also some disciplinary action has to be taken against the IO and the Police chiefs who were involved in this obvious screw up. For those who are keen please send an email to the CPO Perak asking him to re-open this case and do a thorough investigation. Here is a simple draft you can use.


Kpd KETUA POLIS PERAK 

Emel :  cpo.perak@rmp.gov.my

Tuan, 

Ekoran daripada banyak laporan media (contoh : https://sg.news.yahoo.com/children-commissioner-agc-must-explain-092329092.html) berkenaan kes anak lelaki dicabul di sebuah sekolah tahfiz di Manjoi saya meminta Polis Perak siasat semula kes ini mengikut peraturan undang-undang dan SOP PDRM yang sedia ada.

Masyarakat umum bukan saja tidak puas hati tetapi amat hilang konfiden dengan PDRM dan Attorney General's Chambers (AGC) bahawa kes yang serius seperti ini, yang kemungkinan besar melibatkan mangsa lain juga (multiple victims) di sekolah tahfiz itu, telah terpaksa di 'dismiss' oleh AGC. 

Kes ini tidak kelihatan terlalu rumit atau tanpa mangsa, tanpa suspek yang terlibat, tanpa tempat kejadian atau pun tanpa waktu kejadian.

Oleh kerana ini sudah menjadi kes 'public interest' saya harap Polis Perak akan membuka semula siasatan ini dan mencapai suatu penyelesaian yang boleh dikemukakan semula kepada umum. 

Sekian. Terima kasih.

If we can all get into this, hopefully there will be something better that comes out of this. 

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