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Rape-marry accused denies all charges BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Rape-marry accused denies all charges

Posted: 16 Dec 2013 10:27 AM PST

by Natasha Sim. Posted on December 17, 2013, Tuesday

KOTA KINABALU: Restaurant manager, Riduan Masmud, yesterday denied allegations that he raped or had sexual relations with a 13-year-old schoolgirl at the close of the defence case here yesterday.

The Sessions Court heard this though the accused's semen stains were found inside the victim's vagina, on the car seat where the alleged act happened, and on a handkerchief found in the car.

"It is impossible that there were those stains. I am not sure how they got there because the incident did not happen," Riduan testified before Judge Ummu Kalthom Abd Samad.

Riduan, 40, was charged with raping the victim between 9am and 10am in a car, on the road heading towards Kionsom Waterfall, in Inanam on February 18, this year. He faces up to 20 years imprisonment and whipping if found guilty under Section 376 (1) of the Penal Code.

The court fixed January 24, 2014 for its decision against Riduan.

Riduan, who was unrepresented, could not offer a satisfactory explanation to the evidence regarding the semen stains when asked by deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin. In his defence, Riduan explained that he was never at the scene of the crime as per the time stated on the charge.

"At 9.45am on the day, I was still at 1Borneo Hypermall after sending my (first) wife to work. It is impossible for me to be at Kionsom that fast because of the traffic jams," he said.

He also said that if the rape did happen, the victim would have not agreed to the marriage with him because by logic, rape victims will try to distance themselves from the perpetrators.

"Tell the court why did you marry the victim whom you have known only for half a day, despite a 20 year marriage (with Riduan's first wife)," Raja asked.

In reply, Riduan said: "I am in love with her (the victim)."

Riduan said that he only met the victim for the first time on February 18 this year, at the day of the incident and for the second time on May 7, during the marriage ceremony between him and the victim before the Syariah Court at Majlis Ugama Islam Sabah (MUIS).

He admitted to communicating with the victim prior to the day of the incident on Facebook, and said that both had planned to meet through interactions on the social media network.

"At that time, I sent an SMS (short text message) to avoid meeting her," Riduan said, referring to the day of the incident.

In the message, he wrote "tidak dapat datang, jalan jam" ('unable to come, traffic jam') while the victim's reply to him was "saya tunggu saja sampai abang datang" ('I will wait for you until you arrive').

When they first met, Riduan said he only knew the victim as "Bibi" while her name on Facebook was "Akira". He also thought the victim looked tall and mature, despite of her school uniform dress. The accused also said that he did not know the victim's age when they met.

"And for three months (between February 18 and May 7), you did not meet the victim and her family," Raja asked to which Riduan replied: "No, I did not."

He said the marriage, like his first marriage, was arranged through a third-party contact that he knew, one Mohd Awang Azmi Mohd Salleh.

Riduan denied when asked if the marriage was for the rape charges against him to be dropped.

"We planned for a wedding reception with a RM15,000 budget, after the court case is settled," Riduan said.

He was only issued a temporary marriage certificate by the Syariah Court and claimed that this was because the marriage between him and the victim happened before the Syariah Court's approval on his polygamy.

Riduan also admitted that he only found out the victim's details and her name through the police report that was in his (then) lawyer's records.

He denied opposing a bail condition set by court whereby he is not allowed to tamper with the prosecution witnesses, which includes the victim and her family members.

"Were you aware that on February 28, this year, when court set bail that you are not allowed to communicate with the victim and her family," Raja asked to which he said: "Yes."

To a question as to why the marriage took place despite the bail condition, he replied that the victim and him went their separate ways immediately after the ceremony ended.

"I would be lying if I said I wasn't worried because of my wife and family," he said, when asked about his feelings concerning the rape charges.

Earlier, Riduan claimed the victim was forced and intimidated into reporting the alleged rape and testifying in court by third parties.

The victim's parents also testified as witnesses yesterday. The defence had called a total of three witnesses, including Riduan himself.

Counsel Mary Lee is holding a watching brief for Sabah Women Action Resource Group (SAWO), Women's Centre for Change, Penang (WCC Penang), Sisters in Islam and Mama Anne of Bukit Harapan while counsel Mary Florence Gomez is for Sabah Law Association and Voice of Children Malaysia.

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Filipina tentatively charged with drug trafficking

Posted: 16 Dec 2013 10:26 AM PST

by Suraini Andokong. Posted on December 17, 2013, Tuesday

KOTA KINABALU: A Filipina was yesterday tentatively charged with trafficking in 51.2 grams of syabu.

Nurulhuda Jainullah, 37, who appeared before deputy registrar of the High Court Amir Shah Amir Hassan, was charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952.

The indictment carries the mandatory death sentence upon conviction.

No plea was recorded from Nurulhuda.

The accused was alleged to have trafficked in the drug at an unnumbered house at Jalan Kampung Keliangau in Menggatal at 12.40pm on December 2.

Amir Shah,who presided as a magistrate, reserved February 17 next year for remention of the case pending the production of an analysis report of the drug.

The accused was also ordered to be further detained under Section 259 of the Criminal Procedure Code, pending disposal of the case as the alleged offence is non-bailable.

Prosecuting officer Inspector Lim Swee Beng prosecuted.

In a separate case, six men and a woman, all locals, were each fined by the Traffic Court here for separate charges of driving their vehicle while under the influence of alcohol.

Ng Jong Kent, 30, was fined RM3,000, in default, three months in jail, Kelvin Lee Shu Zheng, 31, Tan Own Kheng, 42, Tam Fook Heng, 52, Kelvin Lau Sang Ho, 24, Ng Kok Yong, 44, Joseph Dinor, 38, and Stacy Wencenlaus, 31, were fined RM2,000 each, in default, two months in jail while Chin Zoo Vui, 27, was fined RM1,500, in default, two months' jail after they pleaded to each of their charges under Section 45A (1) of the Road Transport Act (RTA) 1987.

The offence carries a maximum fine of RM6,000 or with a jail term of up to 12 months, upon conviction.

Traffic prosecuting officer Inspector Hanif Mamyudi told the court that all the accused persons were arrested during separate operations at Jalan Kolam and Jalan Lintas between August 15 and November 2.

Meanwhile, Jahirin Jainal, 34 and Judith Raphael Gabas, 39, were each fined RM4,000, in default, four months in jail after they pleaded guilty to separate charges of inconsiderate driving and were involved in an accident.

They were convicted under Section 43 (1) of the RTA 1987 which provides for a fine of between RM4,000 and RM10,000 and is also liable to a jail term of up to 12 months, upon conviction.

Jahirin and Judith were involved in two separate accidents with motorcyclists at Batu 10, Jalan Tuaran, Simpang Jalan Gudon on August 12 2012 and Jalan Pelabuhan here on October 13, 2011, respectively.

The court also ordered Jahirin and Judith's licences to be endorsed with their convictions.

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Man pleads not guilty to five charges

Posted: 16 Dec 2013 10:26 AM PST

KOTA KINABALU: A 22-year-old man faces five charges of consuming syabu, stealing, keeping a stolen car, possessing dangerous weapons and possessing stolen items at the Magistrate's Court here yesterday.

Lee Tung Yong pleaded not guilty before deputy registrar of the High Court Amir Shah Amir Hassan, who sat as a magistrate, to four of the five charges.

On the first count, the accused was alleged to have consumed syabu and arrested at Penampang police station on November 26.

No plea was taken from the accused for this charge framed under Section 15 (1) (a) of the Dangerous Drugs Act 1952 which is punishable by a fine of up to RM5,000 or a maximum jail of two years, upon conviction.

On the second charge, he was accused of stealing a Camry car belonging to a 40-year-old local man at a car park of an entertainment outlet in Penampang between 10.30am and 12 noon on November 25.

The charge was framed under Section 379A of the Penal Code which carries a jail term of up to seven years and also liable to a fine, upon conviction.

On the third charge, Lee had allegedly kept a stolen Ford Ranger car belonging to a 38-year-old local man in front of a building at Grand Plaza Millennium in Penampang at 2.35am on November 26.

The indictment came under Section 411 of the Penal Code which is punishable by a jail term of up to five years or a fine or with both, upon conviction.

On the fourth count, Lee was accused of possessing three machetes inside a car in front of the same building at the same place on the same day.

He was charged under Section 6 (1) of the Corrosive, Explosive and Dangerous Weapons Act 1953 which carries a maximum jail of two years and whipping, upon conviction.

On the fifth charge, he had allegedly possessed several stolen items inside the same car at the same place on the same day.

The offence was framed under Section 22A of the Minor Offences Ordinance which provides for a fine of up to RM100 or a maximum jail of three months or both, upon conviction.

The court fixed January 16 next year to re-mention the cases and the accused was denied bail as he has no valid document.

Inspector Lim Swee Beng appeared for the prosecution and counsel Chin Teck Ming represented the accused.

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