'Innocent until proven guilty': Lawyer slams Baling students' expulsion

Summary

• Lawyer Charles Hector Fernandez criticises authorities for expelling students linked to a recent rape case in Baling, Kedah.

• Charles says the Education Department should ensure the students’ right to continue their education is protected.

A lawyer has criticised authorities for expelling students allegedly linked to a recent rape case in Baling, Kedah, slamming the move as a violation of the teenagers’ constitutional right to education and the principle of presumption of innocence.

Charles Hector said the Kedah Education Department under the Education Ministry appeared to have acted prematurely to appease public outrage, despite the fact that the students had not been convicted or even charged in court.

Warning that such actions amount to punishment before guilt is proven, Charles said the ministry should instead uphold due process and ensure the students’ right to continue their education is protected.

He stressed that the principle of “innocent until proven guilty” must apply to all, including students accused of crimes, and that administrative decisions should not be based on public sentiment or unverified allegations.

He also argued that if the students face prejudice or difficulties continuing their studies at the same school, the ministry should work with their parents or guardians to find an alternative arrangement, such as a transfer, without depriving them of education.

“Why this pre-conviction punishment? It is not for the education minister or the state education department to decide on whether the said student suspects are guilty of the crimes they allegedly committed.

“What happens if they are ultimately found not guilty - can the violation of their right to education be remedied later? No. As it is, these suspects may already be suffering the prejudice of the masses,” he added in a statement.

He further urged the media to report responsibly and avoid fuelling public bias against the minors, noting that the allegations against them remain unproven and premature reporting could cause lasting harm to their reputations and futures.

Statutory rape

Yesterday, Baling district acting police chief Ahmad Salimi Mat Ali said four teenagers, aged between 15 and 17, were arrested on Sunday over another suspected gang rape case after a 53-year-old man lodged a police report after being alerted by a teacher that a compromising video of his daughter was circulating.

Police had subsequently arrested the four teenagers - one of whom had been expelled from the school earlier - for suspected gang rape and the distribution of child sexual abuse material.

However, Kedah police chief Adzli Abu Shah later clarified that the case has been classified as statutory rape, and not gang rape.

He stressed that while there was "consent", the victim was too young to understand the consequences.

He added that the victim, a minor, had sexual intercourse with each of the four suspects - one of whom was her 17-year-old boyfriend - on separate occasions, including in an empty classroom and at a palm oil estate.

Videos found on mobile phones seized during the investigation did not depict the sexual acts but showed other immoral behaviour involving the victim.

Police have said that while there was no evidence to suggest the videos were sold, they are believed to have been shared among individuals, including by the victim.

The case is being investigated under Section 376 of the Penal Code for rape and Section 8 of the Sexual Offences Against Children Act 2017 for the dissemination of child pornography.

Earlier, authorities also expelled four students implicated in the gang rape of a 15-year-old at a school in Malacca. The students, however, will still be allowed to sit for the SPM later this year.

Two of the four male students suspected of involvement in the rape were charged at the Alor Gajah Juvenile Court yesterday, with only one of them pleading guilty to three charges of gang rape, committing carnal intercourse against the order of nature, and physical sexual assault.

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