Mongolian rape case: M'sian Bar says anti-trafficking law could shift investigation focus

PETALING JAYA: The Malaysian Bar has questioned the use of the Anti-Trafficking In Persons and Anti-Smuggling of Migrants (Atipsom) Act in the case of the three Mongolian women, two of whom were allegedly raped by a police inspector.

Its president Salim Bashir said the use of Atipsom in this instance had the potential to shift the focus of the investigation from the alleged rape to the background and status of the three women.

He said protection could have instead been sought for these women under the Whistleblower Protection Act 2010 (“WPA”) as they may be deemed whistleblowers.

“This would offer them more protection — particularly from unnecessary inquisition into their status — and would not require them to be further retained in any form of custody, ” he said in a statement on Friday (April 17).

He also said that care must be taken not to derail the primary offence here — the alleged rape of the two women.

“There are no limits to criminal investigations, and the Malaysian Bar therefore hopes that the Police will spare no effort in pursuing truth and justice in this instance.

“To this end, the significant and prompt investigative efforts by the police in apprehending the alleged perpetrator is lauded, ” said Salim.

Police said that the three Mongolian women were in a shelter, and were not placed in lockup as they were under the Interim Protection Order (IPO).

It was reported that a police inspector was detained on Sunday (April 12) after a report was lodged alleging he raped the two Mongolian women.

He reportedly did this after stopping the two women at a roadblock.