Daphne Iking & Section 498 Penal Code

Dear Editor,

I refer to the private criminal prosecution under Section 498 of our Penal Code against Mr Choy Kin Ming initiated by way of a private summons (instead of a police report) by Mr Chong Yiing Yih.

Mr Chong has reportedly accused Mr Choy of “enticing” his wife, Daphne Iking, “with intent that she may have illicit intercourse with any person” and Mr Choy has been charged with the “offence”.

I feel this is perversion of our criminal justice system for it looks like anyone who is rich enough to hire expensive lawyers may commence a criminal prosecution using archaic and obscure laws.

As I am not a lawyer, without going into the merits of the case and the particular law, I ask:

1. What is the purpose of this criminal prosecution?  Is it for justice? For who?  Mr Chong?  What of the injustice of selective prosecution that only rich people can afford?  If an ordinary Malaysian makes a police report under this Section, will the police investigate?  Already, the Attorney-General’s Chambers has reportedly declined to prosecute as it views the case as a private matter between husband and wife.

2. Do you not think this case looks like a rich husband “bullying” his wife and purported lover?  Is our courts now on the payroll of the rich and powerful such that the ability to afford expensive legal advice may be the only path to “justice”? Don’t you think this looks like a case of a spoilt rich brat paying his way to “teach his alleged rival a lesson”?  Is this what our criminal justice system is for?  For revenge? 

3. Is this actually legal? 

4. Why don’t they just file a civil suit? 

5. Do they want to publicly destroy the reputation of a celebrity just because of some “love problems”?  For what?  For Mr Chong’s ego?

I really don’t think our courts should turn into the playground of the rich and powerful to punish their rivals, which is how this case looks to me.  Also, in my view, this case has brought the meaning of “kangaroo court” to new lows.  Hence, I feel in the interest of justice, this private criminal prosecution should be thrown out of the courts.

Perhaps, if justice is truly what Mr Chong seeks, he should commence civil proceedings. 

Thank you.

Yours sincerely,

Freelunch 2020