KOTA KINABALU: The Sessions Court here yesterday withdrew the warrants of arrest issued against a girl and her father on October 16 for failure to appear in court as prosecution witnesses for the statutory rape trial of a restaurant manager.
Judge Ummu Kalthom Abd Samad made the decision as the girl and her father finally turned up in court yesterday to provide their testimonies.
Riduan, 40, is charged with raping the 13-year-old girl in a parked car along Jalan Inanam on February 18 this year.
The charge stipulated under Section 376 (1) of the Penal Code provides for up to 20 years’ imprisonment and liable to whipping on conviction.
The prosecution led by deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin and Effizah Ernie Idris yesterday recalled the victim as a witness in a closed-door proceeding.
The child witness is accorded protection under the Evidence of Child Witness Act 2007 and Evidence Act 1950.
The Sessions Court postponed the trial to November 13–14 this year.
Riduan was first charged with the alleged rape on February 28 this year, and has since married the victim in accordance with Syariah law.
On May 7 this year, the court was informed of the victim’s wishes to withdraw her police report against the accused.
However, on June 6, the Attorney General’s Chambers decided to proceed with the prosecution against Riduan.
On September 23, this year, counsel Loretto Padua Jr discharged himself as Riduan’s lawyer with no reason given for his withdrawal.