A Sarawakian NGO has urged the authorities to release the full grounds of the judgment in the controversial acquittal of a 60-year-old for raping and impregnating a minor in order to facilitate a review.
"In the court of public opinion, there is disbelief that a man scientifically proven to be the father of a child conceived by a 14-year-old can be let off totally free, while the girl struggles, both emotionally and financially, to care for the baby.
"The legal fraternity needs to regain public trust in this area.
"Sarawak Women for Women Society (SWWS) supports (Sarawak minister of welfare, women and family development) Fatimah Abdullah's call for an early release of the reasoning behind the Appeal Court's decision so the deputy public prosecutor (DPP) can consider grounds for a review," SWWS president Margaret Bedus ( right ) said in a statement yesterday.
"Rightly, courts examine evidence, due process and reasonable doubt.
"If there is no review, the public are being asked to believe the assertion of the accused that conception could only have occurred through a finger introducing the sperm into her, which scientifically has a low probability, and disbelieve the girl due to perceived problems in her testimony, a common occurrence seen in child witnesses.
"Only an investigation into the decision will answer the doubts of the concerned public," Bedus said.
'Stop demonising victim'
The acquittal of Bunya Jalong ( below, right ) by the Court of Appeal, after having been found guilty earlier, has elicited outrage, particularly over the fact that decision was made based on testimony that the defendant had not raped the girl but had caused her pregnancy using his finger.
Bunya's lawyer Augustine Liom courted further controversy when he told the press the defence's arguments on why the teenager's complaint did not hold water.
Bedus commended MCA Wanita chief Heng Seai Kie for the lawyer to be referred to the Bar Council’s disciplinary committee for his public statement and she also called for the lawyer to refrain from demonising the victim.
"SWWS calls on the defence lawyer to refrain from public character assassination of a minor and let the Court of Appeal speak for itself.
"He talks about addressing an imbalance but forgets the constraints on the DPP to challenge some of his assertions in the press. His assumptions are questionable," she said.
Bedus said Liom's arguments, reported in Borneo Post , did not take into account a minor's limitations in giving testimony and other considerations in the case.
"Deliberation of other lawyers and academic discourse on why children are slow to share all information consistently are brushed aside, and the issue of consent made central when for a minor, this legal argument should not be permissible.
"Legally, a minor is deemed not able to give consent. A review of the Court of Appeal’s decision should consider these points, among others," she argued.
Last week the parents of the victim made a trip to Kuching to seek the help of the state Attorney-General's Chambers to review the acquittal .
NGOs and politicians from both sides of the divide have also called for laws on rape to be reviewed and for the definition of rape to be expanded in order to give victims full protection of the law.
