KOTA KINABALU: A government doctor told the Sessions Court here yesterday at the trial of Riduan Masmud, who is charged with raping a teenage girl, that the accused gave full cooperation when his blood sample was taken for a DNA test.
Dr Humairah Ishak, 28, told court judge Ummu Kalthom Abdul Samad that Riduan was accompanied by police personnel on February 21 this year, the day his blood was taken for a DNA test.
The 41-year-old restaurant manager, who was defended by counsel Loretto Padua Jr, had allegedly raped the girl inside a car by the roadside near the Kionsom waterfall in Inanam about 10am on February 18 this year.
The offence is classified as statutory rape as the alleged victim is under 16 years old under Section 376 (1) of the Penal Code which is punishable by a jail term of up to 20 years and also liable to whipping upon conviction.
To a question by Raja Zaizul Faridah Raja Zaharuddin, the 10th prosecution witness said that no one in her room had forced Riduan for his blood sample to be taken.
“I have explained to the accused the purpose of his blood to be taken which was for a DNA test, then after I explained it to Riduan, I asked him to sign a form,” she further explained during examination-in-chief by Raja Zaizul.
Humairah also said that the form was later given to the police personnel who accompanied Riduan.
“Riduan did not bring his identification card on the day when I took his blood sample but I did refer to his case note which was filled in during registration and I also double confirmed with Riduan himself,” said Humairah, adding that, Riduan understood why his blood sample was taken.
“After I took his blood sample, I put it on a card and handed over to the same police personnel.
On May 7 this year, the accused told the same court that he would marry the girl.
He said from the dock that he would be marrying the victim soon pending his applications for polygamy and marrying an underage girl (the victim) at the Syariah Court.
The prosecution at that time informed the court that the victim had decided to withdraw her police report against the accused and the prosecution applied for an adjournment of the case pending the outcome of the Syariah Court.
Then on May 20 this year, Padua Jr had informed that his client and the victim were legally married.
However, on June 6 this year, the Attorney General of Chambers had decided to proceed with prosecuting Riduan despite the fact that the victim wanted to withdraw her report against the accused.
DPP Effizah Ernie Idris assisted Raja Zaizul.
Counsel Mary Lee held 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, counsel Mary Florence Gomez for Voice of Children Malaysia while Datuk Mariati Robert was a watching brief counsel for Sabah Law Association and Befrienders KK.
The trial will continue on August 1 and 2 this year.