The return of convicted serial rapist Selva Kumar Subbiah has been met with various responses, many of which have been negative.

Fearing for the safety of women, some called for him to be jailed while some urged that the creation of a sex offenders registry be expedited.

Some had even suggested that preventive measures be used against the 56-year-old, like being detained under the Prevention of Crime Act (Poca) which is normally used to fight gangsterism.

Lawyer Syahredzan Johan, however, simply does not agree with this.

“No, he should not be detained under Poca. Poca allows for detention without trial and as a matter of principle we must not support any form of detention without trial,” he told Malaysiakini.

The constitutional law expert added that there was no legal basis to punish Selva Kumar as he has not been charged or convicted of any crime in Malaysia.

Nevertheless, Syahredzan contended that the convicted serial rapist should indeed be monitored by the police.

“But he cannot be punished without any conviction in Malaysia,” he stressed.

Syahredzan said there was a need to look at a comprehensive way to deal with sex offenders.

“The sex offenders registry is a good step but it must come with a form of effective surveillance or monitoring to ensure that the convict does not revert to his old ways.

“It’s a matter of striking the balance between the rights of the individual convict with that of the community.”

Fellow lawyer New Sin Yew, who also expressed his disagreement for Selva Kumar to be detained under Poca, said nothing should be done to the 56-year-old.

“He is a free man after serving his sentence. The Canadian courts had meted out a sentence for his crimes.

“Unless it can be shown that he is attempting or has the intention to commit an offence, then there is no reason to arrest or detain him,” he said.

Cautioning against descending into mob justice, New believes that Selva Kumar should not be treated differently from other convicts.

Pointing out how Selva Kumar had also agreed to be placed under police surveillance, New said trust should therefore be placed in the men in blue to take appropriate measures if he is found to attempt to commit a crime.

'Sex offenders registry more crucial'

Meanwhile, Association of Women Lawyers (AWL) committee member Meera Samanther pointed out how Selva Kumar had served his sentence for the crimes he committed.

“It would be ‘double jeopardy’ to try him again for the same crimes under the same charges unless there are new charges invoked for different crimes,” she said, citing the procedural defence.

But Meera believes what was more crucial is the need for a sex offenders registry which would enable authorities to track and monitor sex offenders with criminal records.

“There are sex offenders who travel interstate and those who enter our country. What policies are there in place by the government to track them?"

Meera added that the government must also draft policies on how the registry would operate - who has access and who monitors.

Inspector-general of police Khalid Abu Bakar had confirmed that Selva Kumar had agreed to be monitored by the police although he was not required by law to report regularly to the police.

He is currently in the Klang Valley and Khalid also confirmed that his officers knew where he was staying.

Selva Kumar had served out his 24-year jail sentence in Canada on 19 counts of sexual assault, 28 counts of administering noxious substances, 10 counts of various assaults and a dozen other charges.

Following this he was deported to Malaysia.