Press Statement by Karpal Singh in Kuala Lumpur on Thursday, 24^th April 2008: 

Allegation of sexual harassment by an ex-minister – false report?

The woman who lodged a police report against a former Cabinet Minister alleging that the Minister had hugged her while she was at work in her retail outlet in a hotel in KL Sentral, Brickfields cannot, in law, withdraw the report.

A person who lodges a police report cannot at his whims and fancies withdraw same by way of a letter or a statutory declaration.

A person who lodges a police report runs the risk of lodging a false report. He is bound by the contents of the report.

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 against the ex-Minister for outraging the modesty of the woman, a serious offence under Section 354 of the Penal Code, which carries imprisonment of up to 10 years or with fine or whipping or with two of such punishments.

On the other hand, if it is revealed in the course of police investigations that the contents of the police report are false, then the woman concerned should be charged from giving false information to the police which is an offence punishable under Section 182 of the Penal Code which provides for an imprisonment for a term which may extend to 6 months or a fine which may extend to RM2,000-00 or to both.

I call upon the police to carry out an in-depth investigation to determine the culpability of the ex-Minister for allegedly outraging the modesty of the woman or the culpability of the woman concerned for giving false information to the police.

In the public interest this is the course which ought to be resorted to.

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* Karpal Singh, DAP National Chairman & MP for Bukit Gelugor