Girl had no problem identifying accused, rape trial told

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KOTA KINABALU: The Sessions Court here yesterday heard that an underage girl did not have any difficulty in identifying the man accused of raping her during an identification parade at the Karamunsing police station.

Criminal investigating officer Inspector Siti Noraini Mohd Sahid, 27, told Judge Ummu Kalthom Abdul Samad that the 13-year-old girl identified Riduan Masmud by his face and that she could remember the body shape of the accused.

Siti Noraini is the 11th witness called by deputy public prosecutor (DPP) Effizah Ernie Idris to testify in the trial of the 41-year-old former restaurant manager for raping the girl in a car by the roadside near the Kionsom waterfall in Inanam at about 10am on February 18 this year.

The offence is classified as statutory rape under Section 376 (1) of the Penal Code which carries a jail term of up to 20 years and also liable to whipping upon conviction.

Under examination-in-chief, Siti Noraini testified that the identification parade was done once.

“I asked the victim for another identification parade but she said no need as she could recognize the accused,” said Siti Noraini, who accompanied the victim to do the identification parade.

To a question by Effizah, Siti Noraini said she had explained about the purpose of the identification parade in this case and the victim understood.

“The identification parade conducted through a one-way mirror in which the accused and other participants could not see the victim or the witnesses but the victim and the witnesses can see them,” Siti Noraini explained.

On May 7 this year, the accused, who was defended by counsel Loretto S. Padua Jr, told the same court that he would marry the girl.

He said from the dock that he would be marrying the victim 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 had decided to proceed with prosecuting Riduan despite the fact that the victim wanted to withdraw her report against Riduan.

Effizah assisted DPP Raja Zaizul Faridah Raja Zaharuddin.

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 continues today.