Long road to justice for child abuse victim

Stories by ANDREA FILMER
startwo@thestar.com.my

A kindergarten was the scene of a horrific crime against a little girl. Three years later, the perpetrator is brought to book.
IT ALL started when Jane (not her real name) began returning from kindergarten in sets of underwear that were not her own.
Her grandparents John and Linda, who were taking care of her, were initially perplexed to discover this but accepted the explanation of the kindergarten that Jane was being given baths at the centre.
The discovery that something much more horrifying was happening to the active four-year-old was made months later, and it rocked the foundation of the family as well as sparked a three-year uphill battle for justice.

A sister of the accused – kindergarten co-owner Ewe Peng Lip – shielding him from press photographers after he was convicted and sentenced to 20 years’ jail and ordered to be whipped 10 times.

“A kindergarten is supposed to be a safe haven for children. We were so stupid. We didn’t realise what was happening,” John said sadly.
The retiree, who is in his sixties and resides in Penang, said eyebrows were raised when Jane complained of discomfort when using the toilet.
She was diagnosed with a recurring infection to the genital area, and later, discharge was found in her panties which led the Kohs to seek explanations from the kindergarten.
The couple also sought the help of their daughter, a gynaecologist, which led to the discovery that the child had been sexually abused.
“Jane’s parents, who are working outstation, were present when we found out and everyone was dazed and very, very angry. John and I were horrified. Our children had trusted us and put their child in our care and something horrible had happened to her,” Linda said, with tears in her eyes.
Looking back, John said he and his wife blamed themselves for Jane’s ordeal, although the child had not exhibited signs of distress during her four months at the kindy in early 2008.
A police report was lodged and Jane was admitted to a government hospital for two days for observation.
“We were asked to make statements to the police and I met with the officer investigating Jane’s case. We expected the police to take immediate action and the kindergarten to be closed instantly as it was a serious case,” John said.
Over the next few weeks, statements were recorded from the child and a suspect – the co-owner of the kindergarten in Bukit Dum­­bar where Jane attended – was detained by the police.
Losing hope
John called the police weekly for updates, but received a general response that the case was being investigated.
“Four months after the police report was lodged, we started to lose hope. Everything was ‘pending’ and ‘under investigation’ and we did not know to which stage investigations had proceeded.
“Even Jane’s mother told us to ‘forget about it as nothing would be done’,” Linda said.
The experience took its toll on the couple as well, with John admitting that the family went through a very low time, while Linda was hospitalised for depression.
Finally, in October, Linda heard from a friend about the Women’s Centre for Change (WCC) based in Penang and made an appointment.
Centre executive director Loh Cheng Kooi and her team took up the case and set up meetings and sent letters to various parties like the police, the Attorney-General’s office, state Welfare Department as well as the Women, Family and Community Develop­ment Minis­try.
Finally, in March 2010, almost two years since the incident had been reported, the kindergarten co-owner was charged in court with raping a child under the age of 12 under Section 376(2)(e) of the Penal Code.
Justice, at long last
“We were so happy when we heard that the case was finally on, although I was worried that the man may get off the hook,” Linda said.
John added that the weariness he had felt for almost two years lifted when the trial began and the family started receiving updates from WCC, whose volunteer lawyer Karen Lai held a watching brief for the family.
“WCC helped us so much. Before this case, we had never been to court or had to see the police. We didn’t know what a prima facie case was or what the sequence of events would be. WCC took us through the whole court process so we understood what was happening,” John said.
A year later, on the day of the verdict on March 29 this year, John was awakened at 10.45am by Linda’s crying. The tears, however, were happy ones as the court had convicted Ewe Peng Lip of rape, sentencing the 48-year-old to 20 years’ jail and 10 strokes of the cane.
Ewe has since been granted a stay of execution pending an appeal to the High Court and is out on bail.
For John, the verdict was the best ending possible to the three-year ordeal.
“For me, the sentence wasn’t so important. What he did can never be undone but it was important that he was found guilty,” he said.
John and his wife’s relationship with Jane’s parents has been severely strained by the whole episode.
“Things haven’t been the same between us since the incident,” John said, hoping that reconciliations can be made in the future.
On their experience of seeking justice for their granddaughter, the couple said the journey had seemed hopeless at times, but giving up was never an option.
“We feel the whole experience was very hard but we could not give up. I owe it to my granddaughter for what happened to her,” added John.
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