Ling (centre) flanked by his special assistant Lawrence Low (right) and Peter Hii (DAP Socialist Youth Sarawak chief). On far right is DAP Long Lama chairman Marcus Hugo.
MIRI (Jan 18): Senator Alan Ling today called on the police to arrest and charge the two police personnel who were on duty when an underage girl was allegedly raped by a male suspect while being in police custody here on Jan 9.
Ling, who is also the victim’s lawyer, said it was insufficient to suspend the two police personnel considering the weight of the case.
He also wanted the police personnel involved to be investigated under Child Act 2001.
“Section 31 of the Child Act 2001 stated that any persons, being a person having the care of a child – abuses, neglects, abandons or exposes the child or acts negligently in a manner likely to cause him (or her) physical or emotional injury or causes or permits him (or her) to be so abused, neglected, abandoned or exposed or sexually abuses the child or causes or permits him (or her) to be so abused commits an offence and is liable to a fine not exceeding RM50,000 or imprisonment of not more than 20 years or both,” explained Ling during a press conference at his office here today.
Further, Ling said under Section 85 of the same act, the police ought to make appropriate arrangement for the victim who is a minor while she was under their custody.
He said the section stated a child must be separated from the adults in the police stations, places of detention or courts.
“Appropriate arrangements shall be made to prevent a child while being conveyed to or from a police station or place of detention or being detained in a police station or place of detention from associating with an adult who is charge with an offence,” he added.
Ling said the section also provided that the appropriate arrangement shall be made to ensure that a child, if a girl, while being detained or conveyed or waiting is under the care of a woman, which he claimed was not done.
When asked on the chronology of the case, Ling said the family informed him of the case on Jan 12.
The victim’s family told Ling that the suspect had been charged in court where he had pleaded guilty on Jan 12 following a police report lodged.
“That prompted us to check with the court where we later found out the case number and that the suspect had been charged on Jan 12. He however had not been sentenced pending a social report.
“The court set Feb 9 for sentencing,” said Ling.
On Jan 16, Ling accompanied the victim and his father lodged a second report at the Miri Central Police station where the alleged rape took place as they wanted a thorough investigation into the case.
“The report is also for future civil claim,” said Ling.
The girl was arrested on Jan 8 for alleged involvement in illegal online gambling activities.
Ling said in the wee hours on Jan 9, the suspect had allegedly asked the victim whether she wanted to use the toilet inside the lockup to which the victim agreed.
He added that the suspect, later opened the victim’s cell which was locked and led her to the toilet before forcing himself on her.