DAP adviser Lim Guan Eng has called on Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said to intervene in a sexual assault survivor’s inquiry to the Attorney-General’s Chambers (AGC).
This is regarding the reduced charge against her attacker without her knowledge.
In a statement today, the Bagan MP stated that the government has a duty to oversee the safety of women and ensure that sexual assault victims are given the justice that they are due.
“The government has a statutory duty and moral obligation to provide for women in Malaysia, their fundamental right to be safe, feel safe and severely punish those who threaten or attack them.
“For that reason, this sex assault victim deserves not just full sympathy and compassion, but more importantly a right to know and a full explanation for the pain, fear and trauma that she and her family endured,” he said.
Malaysiakini recently reported Loh Wai Mun’s bid to seek clarification from AGC over its decision to reduce the charge against her attacker 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.
The reduced charge came after AGC accepted a letter of representation submitted by the accused, who subsequently paid the RM10,000 fine imposed by judge Syahliza Warnoh.
Loh had penned a letter to Attorney-General Dusuki Mokhtar, arguing that the reduced charge did not reflect the facts of the case, or the level of harm, suffering, and traumatic impact she had suffered.
She has yet to receive a reply to her inquiries to date.
‘Absolute discretion’
Lim pointed out that while Article 145(3) of the Federal Constitution grants the attorney-general power to demote an offence, a victim’s courage to come forward should not be met with silence from the AGC.
“Under Article 145(3) of the Federal Constitution, the attorney-general has absolute discretion on charging, discharging or reducing charges.
“The attorney-general can also decide whether to explain his decision. There may be compelling grounds for the AG to decide to reduce charges.
“In view that this rape victim is willing to go public and expose her identity to seek justice, her courage and steadfastness should be rewarded with an explanation from the AG,” he said.
Separately, earlier today, parents of a baby girl who was abused by her caretaker also expressed their disappointment over the AGC’s decision to withdraw the child abuse charge against the assailant.
The baby’s father, Lim Yi Sheng, lamented over the fact that the couple were belatedly informed that the prosecution would be offering an alternative charge to the accused, Wong Pui Lay.
Wong was initially charged under Section 31(1) of the Child Act 2001 for abusing a child in a manner which is likely to cause them physical or emotional injury, which could amount to a jail term of up to 10 years, a maximum fine of RM20,000, or both.
The charge was later changed to Section 323 of the Penal Code, which is considered a more general law used in cases involving adults, carrying a maximum one-year jail term, a fine of up to RM2,000, or both. - Mkini
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