Activist: Remanding 14-year-old shows M'sia's lack of justice reform

Summary

• Former Suhakam commissioner Dr James Nayagam criticises the two-day remand of a 14-year-old student as it shows Malaysia’s failure to adopt restorative approaches for minors.

• Child welfare lawyer Shanker Sundaram stresses the need for background assessment, early intervention, and rehabilitation.

• Lawyer Samantha Chong warns against sharing the viral video due to legal protections under the Child Act and the criminality of doxing.

The two-day remand of a Form One student shows Malaysia's lack of commitment to moving towards less punitive measures in dealing with minors, former Suhakam commissioner Dr James Nayagam said.

The children's rights activist said the case is especially troubling when neighbouring countries like Singapore have made strides in juvenile justice reform.

"Therefore, a boy like this becomes a victim of the justice system that we have.

"Rather than restoring him, we are destroying him and others like him," he told Malaysiakini.

The 14-year-old “kelas peralihan” (remove class) student was arrested on Monday (July 28) after punching a 29-year-old male teacher, who lodged a police report later that day.

A video clip of the altercation went viral, and the boy was remanded for two days following his arrest on the same day.

Earlier today, he pleaded guilty to causing injury at the Kajang Magistrate’s Court.

Causing more harm than good

Elaborating, James said children such as the boy are victims of circumstances who do not simply become criminals overnight.

He said the boy going through the court system could brand him with the stigma of a criminal record for the rest of his life.

"The only problem in Malaysia is that we only have one justice system where the boy is produced in court, and this is what happens.

"He is punished, everybody is satisfied that he is punished. But then, we cause more harm than good," he added.

Agreeing with this, children’s welfare lawyer Shanker Sundaram lauded the court for seeking a report from the Social Welfare Department.

He said it would ensure the boy's background and home environment are properly assessed before sentencing.

"We must balance accountability with support, or risk pushing troubled youths further into the system," he told Malaysiakini.

Aside from that, he expressed his belief that the issue is bigger than the question of discipline.

"It highlights the urgent need for early intervention in behavioural and emotional development.

"While legal consequences must be followed, which the police must follow, but rehabilitation should be the primary focus for minors," he asserted.

Remand legality

Lawyer Samantha Chong also weighed in on the legality of remanding a minor.

"Generally, children shouldn’t be remanded and should be given bail unless it is a serious offence.

"The purpose of remand is to facilitate investigations and determine whether there is a risk of tampering with the witness or destroying evidence.

"Here, the evidence has already gone viral online," she explained, cautioning that there are two sides to every story.

"The fact that the teacher uttered the phrase, 'you hayun first' while laughing and holding the student's collar is a matter of concern.

"Context is crucial in assessing the intent and circumstances surrounding the case."

She added that the public should refrain from sharing the viral video clip, saying it violates Section 15 of the Child Act 2001, which protects the privacy and identity of minors embroiled in legal proceedings.

She also pointed out that doxing the boy on social media - where users had posted about his school - is now a criminal offence.

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