KUALA LUMPUR – Harsher punishments will not deter child sexual offences, lawyers have argued, as public anger flared over a RM30,000 bail granted in a high-profile abuse case that sparked protests outside the Ampang Court Complex recently.
Speaking to Scoop, Farhan Read, a criminal defence lawyer at Read & Co., said calls for stricter penalties or tighter bail restrictions are often driven by emotion rather than legal effectiveness.
“Bail is not a punishment. The purpose of bail is to secure the attendance of the accused during case management and trial,” he explained.
He noted that courts have considerable discretion in setting bail, taking into account factors such as the seriousness of the charge, the accused’s financial means, and the risk of witness interference or absconding.
“There is no fixed objective amount. What matters is whether the bail is sufficient to ensure compliance with court conditions,” Farhan added.
Rejecting the notion that stiffer sentences would deter offenders, he described it as a “band-aid solution” that fails to address underlying behaviour.
He also cautioned against legal presumptions that could increase the risk of wrongful conviction.
“Any presumption that tilts too far risks convicting someone who may actually be innocent,” he said.
The bail decision drew criticism from parents of alleged victims, who questioned how bail could be granted in a case involving minors.
The accused, S. Valan, 31, runs an unlicensed home in Batu Caves, Gombak, and faces multiple charges.
His co-accused, caretaker Retna Velu, has pleaded guilty to 15 charges of sexual assault and carnal intercourse against the order of nature involving five boys aged eight to 13.
Court documents revealed charges under the Sexual Offences Against Children Act 2017, with penalties ranging up to 20 years’ imprisonment and whipping for certain counts, and up to 10 years’ imprisonment or fines for others.
A representative from Pertubuhan Tiga Tangan Selangor urged authorities to take firm action, warning that public confidence in the justice system could be undermined without stricter enforcement.
Offering a different perspective, criminal lawyer Alif Ahmad Tarmizi said the current legal framework already provides sufficient safeguards to protect victims while respecting the rights of the accused.
“In child sexual cases, the court may allow or reject bail, but if granted, it comes with strict conditions, including no contact with victims or their families,” he said.
Alif explained that judges assess cases individually, considering the relationship between accused and victims, potential tampering, and the likelihood of absconding.
While intimidation concerns exist, he said such incidents are rare due to strict enforcement and consequences for breaching bail conditions.
He also warned against blanket bail denials, noting the risk of injustice if an accused is later acquitted.
“If bail is not allowed and the accused is later found innocent, who compensates for the loss suffered during detention?” he asked.
Both lawyers emphasised that courts must continue balancing victim protection with the principle of innocent until proven guilty, even as public scrutiny intensifies following protests at the Ampang Court Complex. – April 12, 2026