KOTA KINABALU: The counsel for the man convicted of raping a minor, whom he later married, filed an application to the High Court here yesterday to review the order made by a Sessions Court judge in issuing a warrant of arrest on his client two days ago.
Counsel Ram Singh said Sessions Court judge Ummu Khaltom Abd Samad should have called the medical officer who issued the medical certificate to restaurant operations manager Riduan Masmud, 40, which was tendered in court as reason he could not be present for his sentencing on Jan 27.
“The learned Sessions Court judge is putting such blame and excuse on the defence counsel for not being able to contact our client.
“This is an error in her decision (to issue the warrant of arrest) as she had another alternative, that was to call up the said doctor to ask for an explanation as to what was our client’s sickness or the duration before he can come back to appear in court.
“In the absence of the said doctor being called to explain, the warrant of arrest ought to be vacated,” he said when contacted here.
In the application, he also said Ummu Khaltom should recuse herself in the case because of the manner the trial was conducted, knowing Riduan was not represented, besides issuing an arrest warrant without calling in the doctor who issued the medical certificate.
Ram also said the application stated the judge may have been prejudiced by remarks made by Sabah Community Development and Consumer Affairs Minister Datuk Jainab Ahmad Ayid on the case as published in the media.
Riduan tendered a medical certificate via one of his counsels, YS Lo on Jan 27, the date fixed for his sentencing by Ummu Khaltom after she had found him guilty on Jan 24 of raping a 12-year-old schoolgirl.
However, the judge was not satisfied with the details provided on the certificate and adjourned the court for an hour to allow Lo to contact Riduan or his family members to determine his illness.
Ummu Khaltom then issued a warrant of arrest on Riduan and fixed Feb 3 for review after Lo said he could not reach his client. — Bernama