MOE’s decision allowing gang-rape accused students to sit for SPM is an ‘outrageous betrayal of public trust’ - Lawyer

SHAH ALAM – Human rights lawyer Rajesh Nagarajan has slammed the Education Ministry’s (MOE) decision to allow four students accused of gang rape in Melaka to sit for their Sijil Pelajaran Malaysia (SPM) examinations, describing it as an outrageous betrayal of public trust and a shocking abdication of responsibility.

He criticised the decision, stating that it prioritises bureaucratic procedure over public safety and justice.

“The MOE Minister’s decision to permit four students accused of gang rape to sit for their SPM examinations is a shocking abdication of responsibility and a slap in the face to every Malaysian who believes in justice and child protection.

“The Ministry’s approach sent a chilling message: that sexual violence can be swept under the rug in the name of educational rights.

“Let us be clear; the presumption of innocence does not mean immunity from consequences. The Ministry’s first duty is to ensure that schools remain safe spaces for learning, not crime scenes revisited under official sanction,” Rajesh told Sinar Daily.

He further accused the Ministry of moral negligence, saying it had eroded public confidence and trivialised the trauma endured by the victim.

He argued that the decision to treat these suspects as ordinary students is not compassion, but "cowardice dressed as fairness."

Rajesh also stressed that the Ministry could have adopted safer, lawful alternatives, such as deferred examinations or isolated sittings under strict supervision, which would have balanced the accused students’ right to education with the need to protect others.

“The fact that none of these were pursued reveals a shocking lack of judgment, empathy and leadership.

“I urge Education Minister Fadhlina Sidek to immediately reverse the decision and implement clear guidelines to prevent individuals charged with serious sexual crimes from participating in school activities or public exams until their cases are resolved.

“The Minister must immediately rescind this decision and issue clear policy guidelines barring individuals charged with serious sexual crimes from participating in school activities or public examinations until their cases are resolved.

“Anything less is a betrayal of justice and an endorsement of impunity. Malaysia cannot afford ministers who treat gender-based violence as a procedural inconvenience.

"Leadership requires courage. In this case, the Minister has chosen complicity,” he said.

On Oct 12, Fadhlina confirmed that the four Form Five students currently under remand for the alleged gang rape of a 15-year-old schoolgirl in Alor Gajah, Melaka, would be allowed to sit for their SPM examinations starting Nov 3.

Fadhlina said the decision was made following discussions with the police and the state education department.

“We will ensure that they are not left behind in their education. We will leave the legal action to the police.

"Meanwhile, we will manage matters involving discipline, the school’s ecosystem, and emotional support for children in the school,” she said.

The case, which has triggered national outrage, involved four male students, all aged 17, who allegedly assaulted a junior female student on October 2 inside a classroom.

Two of the suspects reportedly filmed the act using their mobile phones, and the footage later circulated online.

MOE earlier requested the Malaysian Communications and Multimedia Commission (MCMC) to block the video’s spread.

Fadhlina emphasised that the Ministry will not compromise on cases of sexual misconduct and that the victim is receiving psychosocial support and treatment in hospital.

“The strictest action must be taken against the offenders. No one will be protected!” she said in a statement on Oct 11.

Despite these assurances, public outrage has continued to grow following the announcement that the accused students would still be allowed to sit for their exams.