The mother of an eight-year-old rape victim has filed a lawsuit naming the police as defendants for their failure to protect her and her family after continuous harassment from gangsters.

The mother filed the suit through her lawyer M Manoharon before the Kuala Lumpur High Court's Justice Ahmad Fairuz Sheikh Abdul Halim this afternoon against the Hulu Langat district police chief, the Sentul district police chief, the KL police chief, Federal police chief Norian Mai and the government of Malaysia.

The 26 year-old pregnant mother of four is also claiming special damages amounting to RM450,000.

"The defendants have failed, refused and or neglected to carry out their duties and allowed lawlessness to prevail," the summons read.

According to the 32-page suit, the police had contravened the victim's rights under the Federal Constitution which guarantees her right to equal protection under the law and Section 20 of the Police Act which stipulates the duty of the police to protect citizens.

In the summons, the mother claimed to have submitted 16 police reports but have been denied adequate police protection. The police claimed to have provided 24-hour protection for the mother and her four children and have constant surveillance in the area.

Nightmarish assaults

The nightmare began for the family with the kidnap and rape of the eight-year-old daughter by five gangsters on July 12. The family who filed a police report faced constant harassment by the men after the incident.

The rape victim was so traumatised by the experience that she attempted suicide by swallowing pain-killers. Subsequently, the eldest son in the family was abducted and assaulted on July 30. The 10-year-old boy suffered from a broken nose and bruises.

The father was murdered on Oct 24, believed to be in retaliation for lodging the police reports against the unidentified men. The police however have refuted this claim.

The mother claimed to have been assaulted Tuesday by knife-wielding thugs who burst into her home and demanded to know the whereabouts of her cousin, a material witness in her husband's murder.

The Malay Mail on Tuesday countered her statements when its journalists visited her neighbourhood and reported that her house had no signs of a break-in and that neighbours have not heard any noise coming from her house.

The mother and her four children have moved twice since the incident and have sought protection in an undisclosed location.

"The policemen would only come when the reporters or lawyers come," the mother said at a press conference on Tuesday.