'Mishandled' case: Sexual assault survivor meets Suhakam

 

Seeking answers over an alleged breakdown in institutional protection, a sexual assault survivor has met with Suhakam representatives to ensure accountability over the handling of her case.

The meeting, which took place at Suhakam’s office in Kuala Lumpur on Dec 19, saw single mother Loh Wai Mun holding discussions with human rights commissioner Melissa Akhir on potential avenues for justice.

The talks came after Malaysiakini reported on alleged serious lapses in how police handled Loh’s (above, right) case after she lodged a report on a traumatic attack she suffered at the hands of a former neighbour.

Among other complaints, the Bandar Utama resident asserted there were delays in relaying to her crucial information regarding her case, particularly how the rape charge against her attacker was downgraded to a lesser offence without her knowledge.

The assailant, who was initially charged in the Petaling Jaya Sessions Court under Section 376 of the Penal Code for rape, later pleaded guilty to a reduced charge framed under Section 354 for assault intending to outrage a person’s modesty.

The reduced charge came after the Attorney-General’s Chambers accepted a letter of representation submitted by the accused, who later paid the RM10,000 fine imposed by judge Syahliza Warnoh.

Loh also alleged that an officer who received her initial report had expressed doubt over the legitimacy of her complaint before instructing her to return home and shower first, prior to meeting an investigation officer.

Victims’ rights

The meeting between Loh and Suhakam, which lasted for approximately two hours, featured explanations from Melissa on several relevant laws under the Criminal Procedure Code, which outline rights afforded to victims of criminal offences.

In particular, the commissioner highlighted Section 107A(6) on the public prosecutor’s duty to ensure that victims are furnished with a status report for cases that have reached the prosecution stage.

Melissa also pointed out that Section 183A(1) of the same legislation provides that prior to the court passing a sentence, the court shall, upon request by the victim or their family member, call for a statement on the impact of the offence.

The law further states that if a victim or their family member is unable to attend court proceedings, the court may admit a written statement on the offence’s effects.

Commenting on the meeting with Suhakam, Loh said that while she feels grateful for the education provided by Melissa on how existing laws uphold victims’ rights, a deep sense of dismay remains over how the authorities had allegedly violated such rights.

“I am extremely disappointed and depressed knowing that my rights were stripped by the very people, agencies, and systems that were supposed to protect citizens and uphold our rights,” Loh told Malaysiakini.

Losing faith in governing bodies

While she had previously heard about supposed misconduct by certain agencies, she said her tribulations have exposed her to a "harsh reality” as she claims to have been left out of the loop on the police’s investigation outcomes and subsequent court proceedings.

“I have lost faith in our governing bodies. I am appalled, disgusted, and angry. I plan to pursue the truth of what happened in my case and get to the bottom of it,” she asserted.

Loh was accompanied by her former employer, Suriza Hing Abdullah, who said the meeting shed light on the alleged lack of professionalism and compliance by enforcement agencies, leading to the supposed overlooking of citizens’ rights.

“Taxpayers fund these institutions and trust them to protect us. Yet, when things go wrong, we are often left in the dark without knowing what our rights are or what agencies are supposed to do,” Suriza said.

Loh’s trials had earlier bolstered calls for the proposed Independent Police Complaints and Misconduct Commission (IPCMC), which has often been upheld as a better alternative to the existing Independent Police Conduct Commission (IPCC).

Various quarters contacted by Malaysiakini highlighted that either commission should be empowered to probe allegations of the police mismanaging incidents of sexual violence. - Mkini