Ex-pilot loses challenge to withdrawal of sex assault case involving daughter

Ex-pilot loses challenge to withdrawal of sex assault case involving daughter

The High Court says the victim's father failed to show ‘strong and compelling reasons’ to justify challenging the AG’s exercise of discretion.

shah alam court
The Shah Alam High Court refused an ex-pilot leave to commence judicial review proceedings in respect of the attorney-general’s decision not to pursue a sexual assault charge against a 40-year-old man.
SHAH ALAM:
The High Court has dismissed a former pilot’s application for leave to challenge the prosecution’s decision to discontinue a sexual assault case in which his daughter was the alleged victim.

Justice Shahnaz Sulaiman said the 39-year-old applicant failed to show “strong and compelling” reasons to justify challenging the exercise of discretion by the attorney-general (AG) under Article 145(3) of the Federal Constitution and Section 254 of the Criminal Procedure Code.

“The applicant failed to satisfy that threshold to obtain leave for his complaint to be heard,” the judge said in her ruling today.

The ex-pilot had previously lodged a police report alleging that his daughter, six, had been the victim of a sexual assault.

On June 2 last year, a 40-year-old man was charged with the offence under Section 14(a) of the Sexual Offences Against Children Act 2017.

The accused later lodged representations with the Attorney-General’s Chambers seeking the discontinuance of the criminal proceedings, which the AG accepted.

On Sept 21 last year, the prosecution withdrew the charge before a sessions court judge and sought an acquittal for the accused, which was granted by the presiding judge.

In December last year, the ex-pilot, who previously served with Malaysia Airlines, filed the present application in the High Court seeking leave to commence judicial review proceedings.

He had sought a court order to quash the AG’s decision to seek the acquittal, contending that it was null and void as he had exceeded his authority.

Pavendeep Singh represented the applicant while senior federal counsel Faisal Nor acted for the AG.

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