KOTA KINABALU: The Sessions Court here yesterday ordered the arrest of the 13-year-old alleged statutory rape victim and her father after they failed to show up in court to testify as prosecution witnesses in the trial of restaurant manager Riduan Masmud.
Judge Ummu Kalthom Abd Samad issued the warrants of arrest to be executed immediately as she said both the girl and her father were definitely aware of yesterday’s hearing date.
Ummu said the court had given the girl a chance to turn up after waiting for half a day for her.
Riduan, 40, is charged with raping the then schoolgirl in a car at Jalan Inanam on February 18 this year. He faces up to 20 years’ imprisonment and whipping if found guilty of the charge under Section 376 (1) of the Penal Code.
The court yesterday further ordered that the victim be separated from any adults during the duration of Riduan’s trial, and that she be produced in the court on the sheduled trial dates — today and Friday.
Meanwhile, responding to a question from DPP Raja Zaizul Faridah Raja Zaharuddin on the girl’s whereabouts, investigating officer Inspector Sylvia Dalog said the girl was last known to be staying with her parents in Menggatal.
Sylvia, who is also the 18th prosecution witness, said she had informed the girl’s aunt of the court hearing date, but she did not check if they were at home yesterday.
“According to the victim’s aunt, she does not know where the victim and her father are at present,” she said.
During examination-in-chief by Raja Zaizul, Sylvia said the police report on the incident was lodged by the victim’s aunt in the presence of the victim, her father and her friend.
She said the victim was also escorted by Lance Corporal Jujaidah to the Likas Women and Children Hospital together with her father, her aunt and her friend for examination on the night of the alleged incident.
She said the victim identified the suspect with the name “Joee Jeje.”
Earlier, the 17th prosecution witness, Salawati Sahudi, 28, testified that as a nurse at the Likas Women and Children Hospital, she took vaginal swabs from the victim to check for culture and sensitivity and also for presence of sperm.
To a question by DPP Effizah Ernie Idris, she confirmed she had also taken nail, hair, blood and urine samples from the victim besides checking her height, weight and blood pressure.
Salawati said the victim tested negative for pregnancy.
The witness said the victim also went through two medical examinations at the hospital that night – firstly by a Dr Fahmi and secondly by Dr Muniwarah.
Riduan stood unrepresented yesterday as his counsel Loretto Padua Jr had discharged himself on Sept 23 this year, while Raja Zaizul together with Effizah acted for the prosecution.
No reason was given for Loretto’s sudden withdrawal.