Rape: College student re-arrested, charged

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KOTA KINABALU: A college student, who was released after his arrest for allegedly raping a 13-year-old girl, was rearrested and charged again at the Sessions Court here yesterday for the same offence.

Mohd Syahrulnizam Jildahil, 25, claimed trial before Judge Indra Ayub to a charge under Section 376(1) of the Penal Code, which carries a jail term of up to 20 years and whipping.

He allegedly committed at an unnumbered house in Beaufort on August 19, 2013 at around 2:30am.

During the hearing, his lawyer, counsel Farazwin Haxdy, said that her client had spent eight months in prison, as his parents were too poor to post the bail.

She said that when her client was first brought to court, not only were witnesses not produced, but a chemist’s report was not submitted and received.

Farazwin added that she was applying for bail as her client was furthering his studies in hotel management since December last year, with his classes being from 9am to 4pm daily.

However, Deputy Public Prosecutor Aida Fatimah, objected to the bail request on the grounds that the offence was non-bailable.

She said there was a high possiblity that Mohd Syahrulnizam might interfere with the victim, as well as the prosecution’s witnesses.

“There are currently no documents to prove that the accused is still a student,” Aidah said.

“My client is currently studying, and no longer lives in Beaufort. He stays near the college, hence there is no issue of him tempering with either the victim or the witnesses,” Farazwin said.

She added that the relevant documents would be produced to show that her client was still a student.

Indra fixed April 29 for case management, while June 5 for Mohd Syahrulnizam’s trial.

He granted Mohd Syahrulnizam RM20,000 bail with two local sureties.

The judge said documents proving that Mohd Syahrulnizam was furthering his studies should be produced in the next hearing, or the bail would be revoked.