KUALA LUMPUR: The Attorney-General's Chambers today denied a report claiming it had issued a written directive to dismiss a 2016 alleged sexual abuse case against a minor at a tahfiz in Manjoi, Perak.
In a statement today, Attorney General Tan Sri Tommy Thomas pointed out that there was no written directive issued by him on the matter.
"In fact, none was mentioned in the Perak Prosecution Office’s letter to the magistrate," he said.
A news portal had reported on Oct 14 that Ipoh magistrate's court had dismissed the case and that the decision was made after the court was provided with a letter from the Perak State Legal Adviser’s Office detailing a directive by the AG.
The case involved a 10-year-old boy (in 2016) who was alleged to have been sexually molested by three seniors at the school.
Thomas, in the statement also said that it was also untrue that the news portal had sought clarification on the matter from him.
"This is also untrue. Neither the Chambers’ public relation office nor I personally received any enquiry for clarification from the (news portal). Their inaccurate report of Oct 14 was picked up by numerous other portals too," he said.
Explaining the case, Thomas said police have condicted their investigation after the victim's mother lodged a police report in Aug 2016.
He said the case was later classified as NFA (No Further Action) due to lack of evidence.
However, the complainant brought up the matter again and a letter dated June 3, 2019 was sent to the magistrate.
"In her letter, the victim's mother complained that no action had been taken against the alleged perpetrators despite lodging two police reports in 2016.
"Her letter was not copied to this Chambers.
"Thus, the magistrate decided to take cognisance of the mother’s complaint.
"On Aug 5 this year, the magistrate served on the Perak Prosecution Office a notice to state that the case had been fixed on Oct 9.
The check, he said was to be conducted by the magistrate purportedly under Section 133 of the Criminal Procedure Code.
He said the Perak Prosecution Office responded to the magistrate in a letter dated Aug 27, giving information on the status of the investigation and explaining that NFA was ordered.
"The Perak Prosecution Office explained that the mother should not have filed a complaint under Section 133 of the CPC because the police had opened investigation papers in relation to her police reports lodged in 2016. The matter was investigated and NFA decision was taken by the DPP," he said.
He said that by law, the magistrate should not have taken cognisance under the section.
Thomas added that the woman’s complaint that no investigation has been conducted in relation to her police reports was untrue.
"The magistrate could only exercise his or her power to examine the complainant under Section 133 of the CPC, if no investigation was conducted at all by the police, which clearly was not the case." he said.