http://www.theborneopost.com/201 ... an-rape-trial-told/
KOTA KINABALU: The Sessions Court here yesterday heard that a victim told her mother that a senior police officer, who faces charges of raping and sodomising her, was a man of good character. The 37-year-old mother of five told judge Ainul Shahrin Mohamed that her daughter had told her not to worry about her (the victim) as Rohaizat Abd Ani, 55, was not a bad man. Under cross examination by counsel Zahir Shah, who represented Rohaizat, the fifth witness also testified that her daughter said that to her before one lady named Laila who brought the victim to see Rohaizat at a hotel here. “I had mixed feelings when Laila brought my daughter to meet Rohaizat. My daughter consoled me, but still I refused to let her go with Laila. I insisted on taking my daughter’s place, but Rohaizat did not want me. He wanted a virgin girl,” the witness further testified. The accused, who is currently attached to the Penang Federal Reserve Unit (FRU), faces three counts of raping and one count of sodomising the 13-year-old victim. During the first arraignment on August 2, 2013, the accused had claimed trial to three charges framed under Section 376(1) of the Penal Code for allegedly raping the girl in different rooms of a hotel here on February 1 and February 2, 2012, and sometime in May of the same year between 7pm and 8.30pm, respectively. On the fourth count, the accused also denied the charge under Section 377B of the same Code for allegedly sodomising the girl on February 1, 2012 at about 3.30am inside the room of the same hotel here. All four charges provide for a custodial sentence of up to 20 years and whipping, upon conviction. To a suggestion by Zahir, the witness disagreed why she did not lodge a report at that time because she was the one who sold her daughter for monetary gains. Zahir: I put it to you that the reason you didn’t lodge a police report about the alleged rape incident is because you were the one who sold your daughter for monetary profit? Witness: No, I disagree. To another suggestion by Zahir, the witness testified that she did not understand knowing the true story of selling her daughter for sex, to men other than Rohaizat and she also said she did not understand changing the story in her favour to escape conviction. Zahir: In truth, during the identification parade, you knew the real story, in which, you exploited your daughter to various men for the purpose of sex, not just to Rohaizat. However, you changed your story for your own sake in hopes that you wouldn’t be convicted by police. Do you agree? Witness: I don’t understand. To a question by Zahir, the witness said that the reason she did not lodge a police report against Rohaizat is because she was allegedly threatened by Laila. Zahir: If your story is true, in which you and your daughter were both devastated, why is it that after the first incident at around 3.30pm on February 1, 2012, you didn’t bring your daughter to a police station? Witness: I didn’t bring my daughter to a police station because Laila had allegedly threatened me. When asked by Zahir, “Why didn’t you tell the police that Laila had threatened you?” The witness answered, “I did.” Zahir pursued the matter by asking, “Have you ever lodged a police report between February 1, 2012 and the time before you were arrested?” to which the victim answered, “No.” To another question by Zahir regarding a police report of one Dalmah binti Salman, the witness answered that she did not understand. Zahir: Is this the police report of your friend named Dalmah binti Salman? Witness: I don’t understand. Zahir: Dalmah in her report said that you are a liar and claims to know you very well and she knows that you are a drug addict. Do you agree? Witness: I don’t understand. Zahir: The contents of both Laila’s and Salmah’s reports contain a true statement, while your statement in court contains falsities regarding Rohaizat. Do you agree? Witness: I don’t understand. Furthermore, Zahir said, “I suggest that there are contradictions between your statement to the police and your testimony in court. Do you agree?” to which the witness replied, “I don’t understand”. Under re-cross examination by deputy public prosecutor Azreezi Nordin, the witness further explained she did not lodge a police report regarding Laila’s threat because Laila had allegedly threatened and kicked her while they were in the lock-up together. “She asked me to admit that I was the one who brought my daughter to meet Rohaizat. We were separated after I told the police that she had kicked me,” the witness testified. Azreezi continued to ask, “However, you did not lodge a police report against Laila regarding her threat?” Witness: No. Azreeri: Why not? Witness: Because I didn’t know the police officer. To another question by Azreezi, the witness told the court that Laila had threatened her children’s safety. In addition, the witness testified that she had never met nor heard of Dalmah, adding that she did not know the reason behind Dalmah’s and Laila’s report, when asked by Azreezi. The trial continues today.
Read more: http://www.theborneopost.com/2015/07/30/cop-was-a-good-man-rape-trial-told/#ixzz3vcjfxTwx
|