AGC reinstates child abuse count after backtracking on lesser charge

 

The Attorney-General’s Chambers (AGC) has opted to reinstate a child abuse charge against a caretaker accused of injuring a baby girl, in the wake of widespread outcry over its replacement with a lesser charge.

While Wong Pui Lay had initially claimed trial to a charge under Section 31(1) of the Child Act 2001 on July 11 last year, the prosecution later offered her an alternative charge framed under Section 323 of the Penal Code on Jan 7.

Following Wong’s submission of a guilty plea to the amended charge, judge Noor Ruzilawati Nor was scheduled to sentence the accused yesterday at the Petaling Jaya Sessions Court. 

However, deputy public prosecutor Nurfadzlin Mahmad Zulhasnan informed the court that the AGC has decided to withdraw its offered Penal Code charge, effectively reinstating the original count under the Child Act.

“We were informed in court (yesterday) that the offered alternative charge has been withdrawn.

“The matter has been fixed for another date to see whether the accused wishes to claim trial or plead guilty to the original charge,” Emily Tan, a lawyer engaged by the victim’s family, told Malaysiakini.

The court set Feb 24 for the next case management.

The victim, who was eight months old when the offence allegedly took place in June last year, is said to have suffered multiple bruises on her inner thigh, with her parents noticing the injuries after picking the child up from the accused’s residence, where she stayed on weekdays.

‘Huge flaw’ in justice system

Malaysiakini previously reported on the distress and disappointment experienced by the victim’s parents after they were belatedly informed of the alternative charge offered to Wong.

Section 31(1) of the Child Act on abusing a child in a manner which is likely to cause them physical or emotional injury provides for a jail term of up to 10 years, a maximum fine of RM20,000, or both.

However, Section 323 of the Penal Code on voluntarily causing hurt, which is considered a more general law used in cases affecting adults, allocates a maximum one-year jail term, a fine of up to RM2,000, or both.

The baby’s father, Lim Yi Sheng, argued that there is a “huge flaw” in the judicial system if a child abuse charge can easily be amended to a “much more lenient charge.”

“Our baby couldn’t speak or fight back. If a baby is not protected by the Child Act, then why bother having the Act in the first place?” he questioned.

‘Serious questions’ in child protection laws

Lawyer Rajesh Nagarajan said the case raised serious questions about why a law specifically enacted to protect children was set aside, arguing that it exposed deeper structural flaws in the enforcement of child protection laws in the country.

Cautioning against the misapplication of prosecutorial discretion, he said it is “legally incoherent” for the AGC to treat the Child Act as merely one charging option among many.

Rajesh Nagarajan

Rajesh also stressed that since children cannot lobby, explain, or litigate, their protection depends entirely on institutions doing what the law requires, not what is convenient. 

Commenting on the case, Women, Family, and Community Development Minister Nancy Shukri had defended the AGC’s decision to offer an alternative charge, noting that such matters fall within its authority under the law.

The minister added that the case has opened up an opportunity for the ministry to “look more closely at the system” as it continues to prioritise the protection and well-being of children. - Mkini