by Parliamentary Opposition Leader, DAP Secretary-General and MP for. Tanjong, Lim Kit Siang, in Petaling Jaya on Sunday, October 23, 1994:
I am seeking permission from the Speaker, Tan Sri Zahir Ismail, under Stranding Order 22 (1) to pose a special question in Parliament tomorrow on Attorney -General’s decision to close police investigations on the allegation that Rahim Tamby Cik had committed the offence of statutory rape an underaged girl.
I am seeking the permission from the Speaker, Tan Sri Mohamed Zahir Ismail, under Standing Order 22(1) to pose a question in Parliament tomorrow on the Attorney-General’s decision to close police investigations on the allegation that Rahim Tamby Cik had committed the offence of statutory rape with an underaged schoolgirl.
This is a matter of urgent, definite public importance as in his press conference on Friday, the Attorney-General, Datuk Mohtar Abdullah had overlooked the fundamental legal maxim that ‘Justice must not only be done but must be seen to be done’ and had therefore raised the question of credibility of the Attorney—General’s Office.
Standing Order 22 (1) allows a question to be asked without the required 14-day notice for oral questions “jika pada timbangan Tuan Yang di Pertua pertanyaan itu hendak disegerakan dan ada kena-mengena dengan parkara kepentingan orangramai”.
If such a question on a matter of urgent public importance question time, it should take precetance is allowed during questions time, it should take precedence over all other oral question.
Anybody who had studied Mohtar’s press conference statement and his 45-minute question-and- answer session with the press cannot but get the impression that Molnar had been very protective of Tan Sri Rahim Tamby Cik while being very unfair, to the 15-year-old schoolgirl.
More than ‘justice’ vas done to Tan Sri Rahim Tamby Cjk, which was why Rahim came out immediately with a very ‘cele¬bratory’ statement, while ‘justicle’ was not done at all to the !-year-old schoolgirl.
This was why even the girl’s -father, Mohd Yusop, had publicly criticised the Attorney-General for revealing police reports alleging she had sex with 14 other men.
This is most unusual, as Mohd Yusop had been so reticent’ about the police handling ng of the case and the custody of his daughter that he gave -the impression that he was not con-cerned about the girl’s fate, in contrast to the love and care shown by the girl’s maternal grandmother, Pendek Ahmad, who had been so courageous and articulate to stand up for the welfare and the rights of her granddaughter.
The first question that comes to mind is why the Attorney-General make the revelation that the schoolgirl had alleged that 14 persons had sexual relations with her?
What is the relevance of such a revelation – with the public having no way of knowing whether it is true or not – to do with police investigations as to whether Tan Sri Rahim Tamby had committed statutory rape?
The second question is why Mohtar talked about 14 men alleged to have sexual relations with the schoolgirl, when clearly it should be 15 men, including Tan Sri Rahim Tamby Cik had been the subject of police investigations.
This is another example where the Attorney-General had been very unfair to the underaged girl and overprotective of Tan Sri Rahim Tamby Cik as the effect of such statements is to undermine the girl’s credibility and to place Rahim in a better light.
The third question is, what is the relevance of the revelation of the girl’s pregnancy to do with whether Rahim Tamby Cik had committed the offence of statutory rape with an underaged girl?
The Law Minister, Datuk Syed Hamid Albar said in Johore Bahru yesterday that the Attorney-General has the right to exercise his discretionary powers under Article 14-5 (3) of the Malaysian Constitution to “institute, conduct or discontinue any proceedings for an offence”.
Hamid Albar is right but the Law Minister should also realise that in exercising such discretionary powers, the Attorney-General is answerable and accountable to Parliament and this is why Parliament must seize the first available opportunity by way of a special oral question under Standing Order 22 (1) tomorrow to demand a full explanation for Mohtar’s decision and reasons.
Parliament will be very irrelevant to the problems and concerns of Malaysians if there is no way whereby the Government could be made to account at the first available opportunity for the Attorney-General’s decision to close police investigations into the allegation that Rahim Tamby Cik had committed statutory rape with an underaged girl.
A full Parliamentary accounting is all -the more pertinent in view of the serious allegation made by the Malacca Chief Minister, Dakuk Mohd Zirt Abdul Ghani yesterday.
Mohd. Zin alleged that there were ‘certain people with ulterior motives’ who had conspired to topple Rahim Tamby Cik as Malacca Chief Minister by concocting the allegation that Rahim Tamby Cik had committed the offence of statutory rape with an underaged schoolgirl because they are ‘envious of Rahim’s capabilities and achievements’.
The Attorney-General should explain whether his decision to close police investigations into Rahim’s case has anything to do with such political considerations as mentioned by Mohd. Zin.