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LEARN SOMETHING? POLICE REPORT CANNOT BE SIMPLY WITHDRAWN

Karpal: She cannot legally withdraw report

Star online

KUALA LUMPUR: The woman who lodged a police report alleging a former cabinet minister had outraged her modesty at her workplace in a hotel in KL Sentral cannot in law withdraw the report, said Gelugor MP Karpal Singh.

Karpal, a lawyer, said a person who lodged a police report could not at her whim and fancies withdraw a report by way of a letter or statutory declaration. The person ran the risk of lodging a false report and was bound by the contents of the report, he added.

"The police have to investigate the woman's report despite withdrawal of same by her. If the allegations against the ex-minister, as set out in the police report, are true, then the police have no alternative but to take action," he said.

Karpal said this was a serious offence under Section 354 of the Penal Code, which carried imprisonment of up to 10 years or fine or whipping or with two of such punishments.

He said that if it was revealed in the course of the investigation that the contents of the police report was false, then the woman concerned should be charged for giving false information to the police.

This was an offence under Section 182 of the Penal Code, which provided for an imprisonment for a term which may be extended to six months, or a fine which may extend to RM,2000, or both.

Karpal thus called on the police to carry out an in-depth investigation to determine the culpability of the ex-minister for allegedly outraging the woman's modesty, or the culpability of the woman concerned for giving false information to the police.

This would be in the public interest, he said.

The woman retracted the report lodged against the ex-minister, saying that she misunderstood the incident.


Ex-minister had no intention of outraging my modesty, says lounge promoter

Ex-minister had no intention of outraging my modesty, says lounge promoter

By LOURDES CHARLES

the Star online

KUALA LUMPUR: The woman who alleged that a former Cabinet minister had outraged her modesty now wants to withdraw her report, claiming she “misunderstood” the incident.

The 30-year-old promoter at a lounge in a five-star hotel here, in a statutory declaration sent to Attorney-General Tan Sri Abdul Gani Patail through her lawyer Datuk Muhammad Shafee Abdullah, said she was “sensitive and moody” at the time of the incident last Thursday.

She said she had known the former minister over the past five years, and that he had acted in jest without any bad intention. However, she said she felt offended at that time due to her “complicated mood which led to her lodging a police report the next day.

“I realise now that I may have misunderstood the entire episode that took place last Thursday.

“When he jokes, he sometimes likes to touch my shoulder or arms but it is something that I accepted as normal among friends especially those we have known for a long time,” she said in her statement.

The woman also said she regretted lodging the police report, as there was no intention on the part of the former minister, who is still an MP, to outrage her modesty or act inappropriately.

She said she was used to the VIP’s jokes and “rough ways” and had never objected to his actions nor felt offended by it previously.

“I cannot remember exactly the conversation between me and the VIP although in my statement to the police I may have said something else.

“I am afraid I may have misinterpreted or misheard (him). The VIP concerned is known to always joke like that and it is normal for him to be like that,” she said, and apologised for lodging the report.

Gani confirmed he had received a fax copy of the statutory declaration from Muhammad Shafee.

“I will forward this request to the police and it is up to them to investigate and get back to me,” he said.


CONCLUSION : Crime doesn't pay.

MORAL OF THE STORY: (1) The ex-minister had low or no moral for behaving immorally in public, no matter what the his intention was at that time. Anyway April fool was over.

(2) If the ex-minister (still a member of Parliament) has any element or trace of self decency or modesty, he should tender his resignation.

(3) The woman claimed that the ex-minister is known to behave "in rough ways" in their 5-year relationship, implying the incident that night was nothing.

(4) Before making any Police report of any untowards incidence, think carefully, because once a Police report has been lodged, no letter or statutory declaration can reverse it.

(5) The Police on their part has to investigate any report lodged from any individual.

(6) If during the course of Police investigation, the content of the report is proved to be false, the woman can be charged with giving false information to the Police.

(7) Outraging modesty of someone carries imprisonment of up to 10 years or fine or whipping or with two of such punishments.

(8) Giving false information provides for an imprisonment for a term which may be extended to six months, or a fine which may extend to RM,2000, or both.

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