KUALA LUMPUR, Aug 13 — A lawyers’ group questioned why a 11-year-old Thai-born child bride was sent back to Thailand after her controversial marriage to a 41-year-old Kelantan Muslim man, asking if this indicated Malaysia’s inability to protect her.
Lawyers for Liberty’s executive director Latheefa Koya said the child’s removal from Malaysia also risks affecting investigations on the “husband” who reportedly took the girl as his third wife.
“Why is the child, being the key prosecution witness, suddenly whisked off to Thailand? Will this not jeopardise the ongoing investigations and any potential prosecution?
“Surely, the authorities here have the resources and capability to protect and counsel the child victim; whilst the criminal law takes its course against the suspect.
“Is the transfer to Thailand an indication that the DPM and the Women’s Ministry is not able to protect the child here in Malaysia?” she said in a statement today, referring to Datuk Seri Dr Wan Azizah Wan Ismail who is both deputy prime minister and minister of women, family and community development.
Latheefa noted the deputy prime minister said earlier this month that police investigations would be concluded immediately to enable prosecution against the Kelantan man, but highlighted that there has still been no arrest or prosecution against him while the child was “stealthily sent off to Thailand”.
“Even the news of the child’s removal was not released by the DPM or her ministry, but by the Thai governor of the province where the child is located now,” Latheefa said.
Latheefa continued to push for action against the Kelantan man whom she alleged committed offences of child grooming under the Sexual Offences Against Children Act 2017, noting that he admitted to “lusting after the child since she was seven.”
Claiming that this was an “open-and-shut case”, Latheefa said the man still gave media interviews and remained unpunished.
“He remains a threat not just to this child, but other vulnerable children from poor families as well. The failure to take decisive action is a signal to other potential paedophiles that they can safely operate in Malaysia,” she said.
Latheefa claimed that the act of sending off the child to Thailand is allegedly an attempt to “close the case” and get rid of the problem, but stressed that this move would not be in the public interest or in the child’s interest.
“It must be emphasised here that the crime against this child happened on Malaysian soil; and hence investigation and prosecution must take place through our criminal justice system. We have jurisdiction, and cannot just push the problem to Thailand.
“In stark contrast to the feet-dragging and confused statements coming from the Women’s Ministry, the Thais have swiftly set up an interdisciplinary team to care for the child and barred the ‘husband’ paedophile any access to the child. The efficient Thai response puts us to shame,” she said.
“It is hard to avoid the conclusion that there is no political will on the part of the minister to protect this child and bring the wrongdoer to justice,” she added.
Dr Wan Azizah is under criticism from civil society over her handling of the Kelantan child bride case as no other action has been taken against the groom so far, apart from a RM1,800 fine for committing polygamy and marrying without court permission.
But on July 31, Dr Wan Azizah said a more thorough investigation was required for the case, as the Attorney-General’s Chambers wanted more evidence to be gathered and to enable a “watertight” case.
In Malaysia, the minimum legal age for marriage for Muslims in the states’ Islamic family laws is 18 and 16 for a male and female respectively, but those below these ages can still marry if they get the consent of a Shariah judge.
