Police: Distance, trust, ID hinder Penan rape probe

Distance, trust and identification are some of the issues hindering the Penan rape investigations, says an officer in charge of the police sexual crimes investigation unit.

Speaking at a forum jointly organized by the Joint Action Group, Bar Council and the Kuala Lumpur and Selangor Chinese Assembly Hall Civil Rights Committee, Deputy Superintendent Zaitun Che Lah (left) said, "After two attempts, we failed to trace the parents of the victims because the villagers said they were in the forest. We waited but couldn't afford to wait for more days".

Zaitun said that the police had also tried in vain to speak to the victims when they were in Kuala Lumpur, as the Women's Aid Organisation insisted on the presence of a lawyer, and could not coordinate this.

However, this claim was refuted by WAO Executive Director Ivy Josiah, who explained that the victims had insisted on a translator they trusted to be present in the meeting with the police, but he could not be present at the time.

"The victims must come first, and if they say they will not go unless he (translator) is there, then we cannot force them," said Josiah.

The lack of trust by the Penans, Zaitun admits, is one that is largely hindering the investigations. However, without statements and further evidence, it is difficult for the police to provide the public prosecutor with a solid case to bring to court.

"But it is difficult for us to determine the ages of the victims because they do not have myKad or birth certificates," she said, admitting that they could use medical examinations to determine the age of the victim.

No myKad, no investigation

This statement was supported by Persatuan Wanita Desa Sarawak (Wadesa), Hellan Empaing, who said that the majority of Penans still do not have identity cards.

"This makes it difficult for them to make police reports because they could be accused of being illegal migrants. They do not leave their villages for fear of this," said Empaing, who was part of the group that was arrested, while attempting to hand over a memorandum on the issue to the Chief Minister of Sarawak last month.

Empaing added that the lack of identification meant difficulties in claiming land ownership and getting jobs. It also meant that they are unable to pursue education beyond Primary Six.

According to the Bar Council president, Ragunath Kesavan (right), these issues are part of the macro problems faced by Penans and indigenous people in general which should be addressed.

"As such, recommendations put forward by the taskforce, such as better access to education and basic amenities like electricity and water, should be implemented," he said.

Kesavan also added "Orang Asli has never been a priority for politicians, and nobody is concerned about keeping their cultures (because) they don't have large voting power".

Speaking at the same forum, Centre for Orang Asli Concerns, Jenita Engi, said there should be more understanding of the Orang Asli culture.

"We should not be treated like animals in a zoo. Many have been known to have remarked ‘Wow, look at the Orang Asli house, it's made of leaves!'" she said.

Police want reports

Touching on the taskforce findings of six other rapes, Zaitun said that police have requested for the reports so that further investigations can be carried out.

When asked if the alleged perpetrator, one Ah Heng, can be charged with statutory rape as the victim claims to be under-aged, Zaitun said, it was a possibility, and she will discuss the matter with the director of the unit.

She also informed the audience of 20 that the two previous rape cases have been classified as 'no case' as there was not enough evidence to proceed with a prosecution.

Programme Director of Women's Centre for Change (WCC), Dr Prema Devaraj (left), also highlighted the problems caused by developments faced by the Penans.

"We should keep the Penans issue alive and visible so that their voice will be heard," she adds.