KUALA LUMPUR, Jan 16 — The Attorney General’s Chambers (AGC) said evidential issues, including testimonial inconsistencies and a non-supportive medical report, were the reasons for downgrading the rape charge in the high-profile case of a single mother and her alleged assailant.

Attorney General Tan Sri Mohd Dusuki Mokhtar said the decision was made after a thorough review of all evidence following a letter of representation from the accused's lawyer.

“The AGC’s review found that there were several material inconsistencies in the victim’s testimony, which could affect the victim’s reliability and credibility, as well as the case as a whole,” Dusuki told Malaysiakini.

“Although a medical report was obtained, the findings in the report did not support the existence of elements of an offence under Section 376 of the Penal Code, and therefore could not confirm the occurrence of rape, as alleged.”

The statement was in response to public questions raised by the victim, Loh Wai Mun, who demanded an explanation after the charge against her assailant was reduced from rape (Section 376) to assault with intent to outrage modesty (Section 354) without her knowledge.

The attacker later pleaded guilty to the lesser charge and was fined RM10,000.

Former minister Lim Guan Eng had also pressed the AG to explain the decision.

Dusuki explained that the decision was made in line with the prosecution's high burden of proof required to secure a conviction in court and was not intended to "deny the experience or suffering of any party."

However, Loh has separately detailed what she describes as serious lapses in the police investigation from the outset.

She previously told Malaysiakini that an officer at the Kota Damansara police station initially instructed her to go home and shower before meeting an investigating officer.

She also alleged her case was transferred from a female to a male investigator without notice and that she was treated harshly and insensitively during a visit to the crime scene.

Loh further said she was not informed of the results of the forensic analysis of her clothes or her medical examination, including whether a DNA test was ever performed.