The lawyer, who secured an acquittal for Bunya Jalong, 60, who was accused of raping a teenager, has suggested that the public should not underestimate the "guile and craftiness" of teenagers.
According to Borneo Post today, lawyer Augustine Liom said the alleged victim created a story of a sexual intercourse at a hotel after she could not explain her pregnancy.
Liom (photo) outlined four reasons for this, which was considered by the Court of Appeal in granting Bunya's acquittal.
Firstly, he said the alleged victim's claim of where four incidents of alleged rape took place - a hotel in Sibu - could not be corroborated, nor was she able to name the hotel.
Secondly, he said the alleged victim's claim of when the incident took place was inconsistent.
"It was only when it was discovered on account backwards from her date of delivery that the incident in August 2011 could not have made her pregnant, that she came up with the story of the incidents in May, June and July.
"She had not been straightforward and concealed important matters about the case," said the lawyer.
Third, he said the teenager claimed that she did not report the alleged rape until one month after she had delivered because she did not realise she was pregnant because she continued to have her menses.
Liom said doctors, who testified during the trial, said it was impossible for pregnant women to have menses, unnoticeable abdominal swelling nor unappreciable foetal movement.
"The alleged victim has therefore demonstrably lied," he added.
Family tried to extort money from client
And finally, he said there was also evidence that the alleged victim's family tried to extort money from his client and lodged a police report only after he refused.
"What all these could mean is that being understandably too embarrassed to disclose the incident that had caused her pregnancy, she first told of an incident in August 2011.
"But when that (story) still could not explain her pregnancy she created a story of sexual intercourse in a hotel but when (police) checked the hotel register, (it) did not show she and the accused had been to the hotel.
"So shocking as it may seem, we could just mistakenly underestimated the guile and craftiness of some of our present-day 15-year-olds," he said.
Liom said he was compelled to speak up on the case in order to present a balanced picture relating to the trial, especially since the judges were unable to explain their decision in detail.
"In fairness to them, they did, before pronouncing their verdict and after a lengthy deliberation, expressed in the hearing of all those in open court, that they found the case very disturbing that a young girl got pregnant through a non-sexual intercourse activityto
“But our law being such that sexual intercourse means only penile penetration their hands are tied and they could only leave it to the legislators to effect any amendments to the law if deemed necessary," he added.
According to Borneo Post today, lawyer Augustine Liom said the alleged victim created a story of a sexual intercourse at a hotel after she could not explain her pregnancy.
Liom (photo) outlined four reasons for this, which was considered by the Court of Appeal in granting Bunya's acquittal.Firstly, he said the alleged victim's claim of where four incidents of alleged rape took place - a hotel in Sibu - could not be corroborated, nor was she able to name the hotel.
Secondly, he said the alleged victim's claim of when the incident took place was inconsistent.
"It was only when it was discovered on account backwards from her date of delivery that the incident in August 2011 could not have made her pregnant, that she came up with the story of the incidents in May, June and July.
"She had not been straightforward and concealed important matters about the case," said the lawyer.
Third, he said the teenager claimed that she did not report the alleged rape until one month after she had delivered because she did not realise she was pregnant because she continued to have her menses.
Liom said doctors, who testified during the trial, said it was impossible for pregnant women to have menses, unnoticeable abdominal swelling nor unappreciable foetal movement.
"The alleged victim has therefore demonstrably lied," he added.
Family tried to extort money from client
And finally, he said there was also evidence that the alleged victim's family tried to extort money from his client and lodged a police report only after he refused.
"What all these could mean is that being understandably too embarrassed to disclose the incident that had caused her pregnancy, she first told of an incident in August 2011.
"But when that (story) still could not explain her pregnancy she created a story of sexual intercourse in a hotel but when (police) checked the hotel register, (it) did not show she and the accused had been to the hotel.
"So shocking as it may seem, we could just mistakenly underestimated the guile and craftiness of some of our present-day 15-year-olds," he said.
Liom said he was compelled to speak up on the case in order to present a balanced picture relating to the trial, especially since the judges were unable to explain their decision in detail.
"In fairness to them, they did, before pronouncing their verdict and after a lengthy deliberation, expressed in the hearing of all those in open court, that they found the case very disturbing that a young girl got pregnant through a non-sexual intercourse activityto
“But our law being such that sexual intercourse means only penile penetration their hands are tied and they could only leave it to the legislators to effect any amendments to the law if deemed necessary," he added.
BESTFBKL- However it is that the sperm entered the vagina, it has been established by DNA Testing that the baby is his, he should have been charged for statutory rape. Who cares if she can name the hotel or not or give consent. Did AG charge 60 year old under the wrong act instead of "Statutory Rape" of 15 year old? How Can He Walk Free? Cabinet should act on this case as a matter of public interest
Unicef disturbed by Sibu child rape acquittal
Unicef Malaysia today said it is "deeply disturbed" by the acquittal of a 60-year-old man of four counts of rape of a 15-year-old girl, because the girl’s testimony was deemed unreliable.
The man, whose DNA matches the baby the girl gave birth to, was also acquitted because he used his semen-smeared finger to penetrate her, instead of his penis.
The names of the accused, Bunya Jalong, and the girl were also not on the register of the hotel, where the crime was allegedly committed, the Borneo Post reported.
Unicef Malaysia said the judiciary should consider that child victims of sexual abuse often suffer from trauma which may affect their testimonies.
"Experience shows that child victims of sexual abuse often suffer trauma, and this sometimes limits their ability to express themselves clearly and consistently.
"Children in Malaysia need, and have the right to, legal and judicial processes that clearly identify sexual acts between a child and an adult as sexual abuse by the adult, and that punishes all perpetrators of such abuse," it said in statement.
Bunya was charged with one count of rape in a hotel room and three counts of statutory rape in the same hotel.
He was in October 2013 convicted by the Sibu Sessions Court of four counts of rape, and was sentenced to 15 years jail and five strokes of the rotan for the first rape charge and nine years in jail and two strokes of rotan each for the three other charges, to run concurrently.
He was also to pay RM40,000 compensation to the complainant.
The Sibu High Court dismissed his appeal for his conviction, affirmed the compensation and caning and varied the jail sentence. The Court of Appeal last week overturned his conviction.
Children can't consent
Bunya reportedly testified that he had never had intercourse with the girl, and that she asked him for sex at the local YMCA toilet.
He said he ejaculated after the girl gave him a handjob and penetrated her using his finger, which was stained with his semen.
A specialist obstetrician testified that pregnancy can occur if freshly ejaculated semen is inserted into a vagina using a finger, the Borneo Post reported.
However, Unicef stressed that children have no ability to consent to sexual acts.
"With this year marking the 20th anniversary of Malaysia’s ratification of the Convention on the Rights of the Child, it is critical to remember one of the fundamental pillars of that legal instrument and ensure that the best interests of the child, prevail.
"After experiencing the terror and trauma of rape, children who have been victimized should be protected from further abuse, and the due process of law applied to bring perpetrators to justice," it said.
The man, whose DNA matches the baby the girl gave birth to, was also acquitted because he used his semen-smeared finger to penetrate her, instead of his penis.
The names of the accused, Bunya Jalong, and the girl were also not on the register of the hotel, where the crime was allegedly committed, the Borneo Post reported.
Unicef Malaysia said the judiciary should consider that child victims of sexual abuse often suffer from trauma which may affect their testimonies.
"Experience shows that child victims of sexual abuse often suffer trauma, and this sometimes limits their ability to express themselves clearly and consistently.
"Children in Malaysia need, and have the right to, legal and judicial processes that clearly identify sexual acts between a child and an adult as sexual abuse by the adult, and that punishes all perpetrators of such abuse," it said in statement.
Bunya was charged with one count of rape in a hotel room and three counts of statutory rape in the same hotel.He was in October 2013 convicted by the Sibu Sessions Court of four counts of rape, and was sentenced to 15 years jail and five strokes of the rotan for the first rape charge and nine years in jail and two strokes of rotan each for the three other charges, to run concurrently.
He was also to pay RM40,000 compensation to the complainant.
The Sibu High Court dismissed his appeal for his conviction, affirmed the compensation and caning and varied the jail sentence. The Court of Appeal last week overturned his conviction.
Children can't consent
Bunya reportedly testified that he had never had intercourse with the girl, and that she asked him for sex at the local YMCA toilet.
He said he ejaculated after the girl gave him a handjob and penetrated her using his finger, which was stained with his semen.
A specialist obstetrician testified that pregnancy can occur if freshly ejaculated semen is inserted into a vagina using a finger, the Borneo Post reported.
However, Unicef stressed that children have no ability to consent to sexual acts.
"With this year marking the 20th anniversary of Malaysia’s ratification of the Convention on the Rights of the Child, it is critical to remember one of the fundamental pillars of that legal instrument and ensure that the best interests of the child, prevail.
"After experiencing the terror and trauma of rape, children who have been victimized should be protected from further abuse, and the due process of law applied to bring perpetrators to justice," it said.
