Kindie owner in rape case freed

Free to go: Ewe leaving the court in George Town after he was freed of the rape charge.

GEORGE TOWN: A kindergarten co-owner who was found guilty of raping a four-year-old girl was freed after a High Court which heard his appeal ruled that the girl’s testimony was “far-fetched and implausible”.

Justice Zamani Abdul Rahim said the court could not blindly accept what was stated by a child of tender years, adding that her evidence must be corroborated.

“It is common knowledge that children, at times, find it difficult to distinguish between facts and imagination or fantasy.

“We are dealing with evidence by a child of tender years in an allegation of rape.

“We must not forget who is involved in this rape allegation, even if she is an adult, in which women have a tendency to exaggerate about a sexual act.

“So, for a child of tender years, they confuse facts with fantasy,” he said in his 64-page decision after the hearing of the appeal by Ewe Peng Lip against a Sessions Court’s judgment on March 29 last year.

Ewe, 49, was jailed 20 years by the lower court which had also ordered him to be caned 10 times after he was found guilty of raping the girl, now eight, at a kindergarten in Bukit Dumbar between 8.10am and noon, between January and April 2008.

Ewe, who appealed against the sentence and conviction, was allowed a stay of execution pending hearing of the appeal.

Zamani ruled that there was insufficient evidence to support the girl’s allegation that she was raped by Ewe.

“There was no physical identification of the appellant (Ewe). In her audio-visual recording taken two years ago when she was six, she said the assailant, also known as abang besar (big brother) is as tall as Uncle Ewe and her father. It is doubtful if abang besar is Uncle Ewe,” he said.

Zamani said the girl’s description of the alleged rape was complicated further when she told the court that the incident allegedly happened in different places when the charge stated that it took place only in the kindergarten.

He said the child could have imagined the alleged rape after watching a pornography video.

“If a sexual act had occurred, there would be definite tell-tale signs on her pai-pai (private part). There is no conclusive evidence of penile penetration,” he said.

Zamani said the prosecution had failed to prove a prima facie case against Ewe.

He also said a doctor who had examined the child should have been called in as a witness.

At the end of his judgment, Zamani advised the prosecution to appeal.

“I’m not saying my decision is correct but by all means, appeal if you are not satisfied.

“To the non-governmental org­anisations (NGOs), do look up the Baskerville corroboration (R v Baskerville) if you want to,” he said.

Ewe was represented by Datuk V. Sithambaram and Geethan Ram Vincent while Deputy Public Prose­cutor Tan Guat Cheng prosecuted.

Christine Khor from the Women’s Centre for Change held a watching brief for the girl’s family.