Police today began its internal inquiry into the rape of a 16-year-old Miri girl in a lock-up on January 9 by questioning the victim again.
She was accompanied by her father and a team of lawyers, who include DAP Sarawak secretary Alan Ling, for the 2pm appointment with officers from the Department of Integrity and Compliance Standards at the police contingent headquarters.
Police recorded her statement yesterday but summoned her today “to supplement a few queries”, Ling said as the police begin investigating the two suspended policemen who were on duty the night of the incident.
Ling, a senator, had also yesterday demanded the police investigate all the men’s superiors at the station for culpability in the commission of criminal offences under the Child Act 2001.
He said it was not enough to just suspend them, nor should they to wholly take the blame for the incident.
Ling demanded they and their superiors should be arrested immediately and remanded.
The police have so far only acted against the two.
No action has been taken on any of their superiors.
Police also have yet to take her statement in the criminal investigation.
The teen, who was arrested and detained for an investigation into her involvement in an illegal online gambling, claimed she was raped by another detainee in the lock up cell they were placed together.
She was yesterday charged for illegal gambling under thc Common Gaming Houses Act 1953 in a magistrate’s court.
She pleaded not guilty and was released on undeposited bail of RM800.
“The police should not only suspend the two policemen but to arrest them under the power of investigation and power to arrest without warrant provided under Section 109 and Section 110 (of the Criminal Procedure Code) respectively,” Ling said.
He said the rape happened because the police failed to comply with the provisions of sections 31and 85 of the act.
Section 31 (1) states that: “Any person who, being a person having the care of a child— (a) abuses, neglects, abandons or exposes the child or acts negligently in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or (b) sexually abuses the child or causes or permits him to be so abused, commits an offence…”
Section 85 provides that “appropriate arrangements shall be made to prevent the child from association with an adult who is charged with an offence”.
The section also provides that the enforcement officers are to ensure that a detained girl be under the charge of a female officer.
A child, under the Child Act, is defined as anyone below the age of 18.
Lawyer Francis Siah told The Malaysian Insight that under the law, the girl should rightfully be detained under a place of detention gazetted by the minister.
He said if there is no such place of detention is gazetted in the locality, the child if detained in a police station must be under the care of a woman and separated from adults.
“Furthermore, under the Lock-Up Rules 1953, it is provided under Rule 5 that male and female prisoners shall be kept absolutely separate and confined in separate cells.
“Women prisoners shall in all cases be attended by woman, even the male police officers are not allowed to enter any accommodation for women prisoners unless accompanied by a woman and on duty.”
Siah said “a lot of the police” are ignorant of the children protection law.
“Most of the police officers and sometime the prosecutors are unaware of the provisions for protection of a child under the Child Act.
“I have represented children who were brought to court in handcuffs and cell (lock-up) uniform even though the law specifically provides that they should not be handcuffed and be in normal uniform.
“But this incident in Miri shows a total disregard not just to the CA2001, but also the lock-up rules.” – TMI