Reduced baby abuse charge: Case a chance to review system, says Nancy

 

Defending the prosecution’s decision to withdraw a child abuse charge against a caretaker accused of injuring a baby girl, the Women, Family, and Community Development Ministry said the case provides a chance for it to examine existing systems.

Noting that the ministry “respects” the deputy public prosecutor’s decision to offer an alternative charge as it is a matter that falls within its authority under the law, minister Nancy Shukri stressed that the ministry remains committed to ensuring the welfare of children.

“Prosecutors do not make these decisions lightly. They are guided by professional ethics and must look carefully at the evidence, the results of investigations, and other relevant factors.

“We trust that the decision was made responsibly and in the best interests of justice,” Nancy (above) said when contacted by Malaysiakini.

The minister said this in response to Malaysiakini’s recent report detailing the disappointment of the baby’s parents over the Attorney-General’s Chambers’ (AGC) decision to withdraw the child abuse charge against the accused caretaker, Wong Pui Lay.

Wong was initially charged under Section 31(1) of the Child Act 2001 with 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 affecting adults, allocating a maximum one-year jail term, a fine of up to RM2,000, or both.

Wong has since pleaded guilty to the reduced charge under the Penal Code. The Petaling Jaya Sessions Court fixed Jan 19 for sentencing.

Commenting on the case, Nancy said the situation 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.

“As we review the Child Act, we can consider whether cases involving children can be handled in a firm but more child-focused way, including the weight of the evidence, while still keeping the basic rule that the prosecution must prove its case to a high standard,” the minister added.

Move raises serious questions

Yesterday, lawyer Rajesh Nagarajan said the AGC’s move in 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.

“Children cannot lobby, explain, or litigate. Their protection depends entirely on institutions doing what the law requires, not what is convenient.

“When the Child Act is sidelined, the child disappears from the legal analysis, replaced by administrative expediency. A right that depends on grace is not a right at all,” he added in a statement.

Bagan MP Lim Guan Eng had also urged the AGC to address a sexual assault victim’s appeal for clarification over its decision to reduce the charge against her attacker without her knowledge.

Single mother Loh Wai Mun had written to the attorney-general on Jan 9, arguing that the reduced charge does not reflect the true facts of the case, or the level of harm, suffering, and traumatic impact she had suffered.

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.

Loh has yet to receive any response from the AGC regarding her inquiry. - Mkini