كيس سراڠن سيكسوال دتوتوڤ، ڤجابت ڤڬوام نڬارا دعوا ءتيدق چوكوڤ بوقتيء
INVESTIGATION ON ALLEGATION OF USING CRIMINAL FORCE WITH INTENT TO OUTRAGE MODESTY
1. Early last month allegations surfaced in the major news reports and social media platforms from a complainant that he was sexually assaulted by a political personality. He then lodged a police report on 7th December 2019 attaching a statutory declaration, in which he claimed that the politician had attempted to sexually assault him at his private residence on 2nd October 2018. In fact, the politician’s aide mentioned in the Statutory Declaration lodged a police report denying such incident on 5th December 2019 upon knowledge of the Statutory Declaration.
2. Acting on both the reports, the Royal Malaysia Police (PDRM) conducted a thorough investigation to gather evidence to ascertain whether there was the commission of any offence under the Penal Code.
3. Right from the outset, the Attorney General, YBhg. Tan Sri Tommy Thomas, because of his association with the political personality since the mid-1990s, recused himself from all deliberations regarding the above case, and was not involved in any deliberations thereon. This is consistent with the statement in the joint press release dated 2nd August 2018 by me and the then Solicitor General II in relation to the role of the Attorney General on matters in which he may be previously involved. Thus a team of Deputy Public Prosecutors under my supervision were entrusted to evaluate the evidence and to make any decision thereon.
4. Upon careful evaluation of all the evidence gathered in the Investigation Papers submitted by the PDRM, we found contradictions of material facts which could not support the prosecution of any person under section 354 of the Penal Code, or for that matter under any other section of the Code.
5. We also found there is insufficient evidence to prosecute on the reports lodged based on the evidence available in the investigation papers.
6. In the circumstances, we agree with the recommendation of the PDRM that the case be closed. Consistent with the standard practice, investigations may be reopened if and when new evidence becomes available.
DATUK ENGKU NOR FAIZAH ENGKU ATEK
Solicitor General 14th January 2020