Another case of bad judgement by Malaysian courts

nirman

Malaysia
A: largersmallerresetEmail Print Kindie owner freed of child rape, victim’s account ruled ‘fantasy’
September 05, 2012KUALA LUMPUR, Sept 5 — A kindergarten owner found guilty of raping a four-year-old girl has been freed, several dailies reported today, with the High Court here overturning his conviction and sentence after saying there was no proof of penile penetration and the victim’s testimony was unreliable.

Ewe Peng Lip, 49, is the third person convicted of raping a child to have escaped the mandatory jail term and caning in the last two months — incidents that have already provoked  public uproar.

“There was no conclusive evidence of penile penetration. Hence there is no legal and factual basis to find the accused guilty of rape,” High Court judge Datuk Zamani Abdul Rahim was quoted saying by the New Straits Times (NST) in its front page report today after ruling to set aside Ewe’s conviction.

In Malaysia, the law provides for a narrow definition of rape.

According to Section 375 of the Penal Code, “A man is said to have commit ‘rape’ who... has sexual intercourse with a woman” against her will or without her consent or had gained it under coercion, or if the alleged victim is under 16 years old — the legal age of consent.

The kindergarten operator was reported to have been convicted by the Sessions Court in March last year and sentenced to 20 years in jail and 10 strokes of the cane. He had appealed against the lower court’s judgment.

In his 64-page written judgment, Zamani was reported by NST as saying the court could not blindly accept the testimony from the child victim — now aged eight — as it was contradictory and could not be verified.

“There was no corroborative evidence.

“The testimonies of the girl’s mother, grandmother and grandfather were based on what the girl had told them,” the judge was reported to have said.

Another English-language daily, The Star, had also reported the news and cited the judge saying that it was “common knowledge” that children find it hard to differentiate fact from fantasy.

“We are dealing with evidence by a child of tender years in an allegation of rape.

“We must not forget who is involved in this rape allegation, even if she is an adult, in which women have a tendency to exaggerate about a sexual act.

“So for a child of tender years, they confuse facts with fantasy,” the judge was quoted saying by The Star in its report.

The judge was reported by The Star to have said the child could have come up with the rape story after watching a pornographic video.

Ewe was reported to have been accused of raping the child — who cannot be named under the law to protect her identity — at a kindergarten in Bukit Dumbar, Penang between January and April 2008.

Last month, technician 22-year-old Chuah Guan Jiu, convicted of raping his 12-year-old girlfriend, was released on a good behaviour bond by the Sessions Court in George Town.

Before that, former national bowler Noor Afizal Azizan, 20, was also released on a RM25,000 good behaviour bond, after the Court of Appeal set aside his previous custodial sentence by reasoning that he has a “bright future”.

nirman

We understand substantial proof is needed to convict a person suspected of a crime. But didnt the Session Court have enough evidence when they sent the kindergarten owner to 20 years in jail and 10 strokes of rotan? And what proof did the High Court have when the judge suggested the 4 year old kid could be fantasizing about the scenario due to watching porn?

rayna_raynes

Geezuz. How are we supposed to  protect our children and women now?
12 years old can now give consent?
4 years old can now fantasize about being raped?

duri_durians

di south korea, kerajaan meminta maaf kpd rakyat kerana kes rogol budak yg terjadi baru2 ni. sehingga ada cadangan utk menghukum secara physical castration. di malaysia? budak2 dituduh berfantasi. indahnya negaraku penjenyaha dilepas kerana masa depan cerah. indahnya negaraku

botolmineral

4 tahun kot...
dah pandai berfantasi la..
alasan apekah ini????

salimrock

rayna_raynes posted on 6-9-2012 09:29 AM
Geezuz. How are we supposed to  protect our children and women now?
12 years old can now give conse ...

bukti  lain takde ke? tusukan ke ke? koyakan ke..?

iskans

Ada unsur rasuah atau mempengaruhi saksi serta merosakkan bukti ke...?
Minta pandangan daripada yang tahu dan arif kes ini....

kelat

ni rasanya bukti perubatan takde. sebab tu boleh lepas.

True-X

“There was no conclusive evidence of penile penetration. Hence there is no legal and factual basis to find the accused guilty of rape,” High Court judge Datuk Zamani Abdul Rahim was quoted saying by the New Straits Times (NST) in its front page report today after ruling to set aside Ewe’s conviction.

tapi kalau gesel2 camne?...boleh ke mediacal check buktikan ade gesel2..?

nirman

salimrock posted on 6-9-2012 09:45 AM
bukti  lain takde ke? tusukan ke ke? koyakan ke..?

High Court claim tak ada sebab tu overturn decision. Nak cari judgement yang dulu sebab I am sure ada medical tests

leylapple

“So for a child of tender years, they confuse facts with fantasy,” the judge was quoted saying by The Star in its report.

gila ka apa judge nie..entah2 dia yang gila berfantasi..

budak2, apa yang diorang experienced, diorang akan terus terang....

risau betul skrg...sebab aku dah antar anak ke nursery semula...

prettyuglybabe

biasanya orang kata, kanak-kanak ni tak tau menipu. 4 tahun dah pandai fantasy about sex??

ntahler

"Stare decisis" is the scenario whereby the supreme courts have judicial authority over lower or subordinates courts in courts’ precedents or decisions. This can be reflected in the Malaysian judiciary system...klu mmg betul dan ada bukti yg boleh support, just go to appeal court.

aku cuma terkilan dgn part ni "The judge was reported by The Star to have said the child could have come up with the rape story after watching a pornographic video"...is that just an assumption, or is that an accusation???

atira

dengar kat radio pagi tadi...
mmg hangin betul la

batmana

psl tkde bukti.. apa bukti perubatan budak tu ?
buang kes le jwbnye..

msti budak 4 tahun ni slalu baca utusan psl kes saiful ni..

salimrock

batmana posted on 6-9-2012 10:32 AM
psl tkde bukti.. apa bukti perubatan budak tu ?
buang kes le jwbnye..

4 tahun...membaca pun tak reti lagi..melainkan beliau seorang genius.....

Nesta13

kalo apek ni betul2 tak buat cmano..? sia2 kena 20 tahun...

mallcop

Malaysia masih selamat gamaknya! Letak anak kat nursery kena rape tapi rapist terlepas sebab kanak2 4 tahun pandai fantasi!

Aku salahkan Utusan meloya sebab selalu pamer gambar lucah kat muka depan!

nuryakmal

this is ridiculous! seriously ridiculous!!

stinger_attack

True-X posted on 6-9-2012 10:05 AM
tapi kalau gesel2 camne?...boleh ke mediacal check buktikan ade gesel2..?

Kalau jenis kulit yang sensitip...memang boleh...kesan kegeselan Akan melekat lebih lama pada kulit...


Contoh....kulit aku...........walau geselan Dari cewek berlaku bulan January yang lalu...sampai sekarang kesan geselan masih ada...

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