The rape charge against a single mother’s alleged attacker was downgraded to a lesser offence due to issues with the available evidence, said the Attorney-General’s Chambers (AGC).
Citing contradictions in the victim’s testimony and findings of a medical report, Attorney-General Dusuki Mokhtar said all evidence has been thoroughly examined after the accused’s lawyer submitted a letter of representation.
“The AGC’s review found that there were several material inconsistencies in the victim’s testimony, which could affect the victim’s reliability and credibility, as well as the case as a whole,” Dusuki told Malaysiakini.
“Although a medical report was obtained, the findings in the report did not support the existence of elements of an offence under Section 376 of the Penal Code, and therefore could not confirm the occurrence of rape, as alleged.”
Dusuki said this in responding to Malaysiakini’s report detailing single mother Loh Wai Mun’s attempt to seek an explanation from the AGC after the rape charge against her assailant was scaled down to a lesser offence without her knowledge.
Her attacker, who initially claimed trial 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.
Section 376 provides that whoever commits rape can be imprisoned for up to 20 years and caned. Those found guilty under Section 354, on the other hand, can be jailed for a maximum of 10 years, fined, or caned.
Judge Syahliza Warnoh convicted the assailant and imposed a RM10,000 fine on Oct 23, following amendments to the charge on Oct 6.
Burden of proof to secure conviction
Commenting on the amended charge, Dusuki affirmed that the AGC’s decision was made in line with legal principles.
In particular, he pointed to the prosecution’s requirement on the burden of proof, which must be met in order to secure a conviction in court.
“The decision taken by the AGC was not intended to deny the experience or suffering of any party.
“It is emphasised that the AGC remains committed to ensuring that every case is handled fairly, transparently, and in accordance with the law,” he added.
The alleged assault against Loh, a former employee in the IT industry, occurred on June 9, when she accompanied a former neighbour to his office, where he allegedly restrained, drugged, and sexually violated her.
Loh previously told Malaysiakini there were serious lapses in how her case was handled by the police, beginning with how an officer stationed at the front desk at the Kota Damansara police station instructed her to return home and shower first before meeting an investigation officer.
She added that her case was transferred from a female to a male investigating officer without any prior notice, and asserted that she was treated harshly and insensitively during a visit to the crime scene.
To this day, she remains in the dark over the forensic analysis of her clothes and her medical examination. She has also not been informed whether a DNA test was performed on the evidence provided.
On Wednesday, DAP adviser Lim Guan Eng called on Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said to intervene in Loh’s appeal for clarification from the AGC.
The Bagan MP stressed that the government has a duty to oversee the safety of women and ensure that sexual assault victims are given the justice they are due. - Mkini
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