The Attorney General’s Chambers (AGC) has explained that evidential issues, including inconsistencies in the victim’s testimony and a non-supportive medical report, were the reasons for downgrading the rape charge in a high-profile case involving a single mother and her alleged assailant.
Attorney General Tan Sri Mohd Dusuki Mokhtar said the decision followed a thorough review of all evidence after a letter of representation from the accused’s lawyer.
“The AGC’s review found several material inconsistencies in the victim’s testimony, which could affect her credibility and the case as a whole,” Dusuki told Malaysiakini.
He added that while a medical report was obtained, its findings did not support the elements of an offence under Section 376 of the Penal Code, and therefore could not confirm that rape had occurred.
The victim, Loh Wai Mun, had raised public questions after the charge against her alleged attacker was reduced from rape (Section 376) to assault with intent to outrage modesty (Section 354) without her prior knowledge. The accused later pleaded guilty to the lesser charge and was fined RM10,000.
Former minister Lim Guan Eng also pressed the AG to clarify the decision. Dusuki said the downgrade was made in line with the prosecution’s high burden of proof and was not intended to deny any party’s experience or suffering.
Separately, Loh has alleged serious lapses in the police investigation, including instructions to go home and shower before speaking to an investigator, being transferred to a male investigator without notice, and experiencing harsh treatment during the crime scene visit. She also claimed she was not informed about the results of forensic analysis or medical examinations, including any DNA tests.
