Woman says she never ‘sold’ girl to accused

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KOTA KINABALU: A woman accused of “selling” a 13-year-old girl for sex yesterday testified at the Sessions Court here that there was some dissatisfaction towards a senior police officer who was accused of raping and sodomising the same girl.

The woman, identified simply as Laila, appeared before judge Ainul Shahrin Mohamad and gave her testimony as the third defence witness in the trial of DSP Rohaizat Abd Ani, 56.

During examination-in-chief conducted by counsel Zahir Shah, Laila testified that she never “sold” the victim to Rohaizat and said that the accusation was a mere conspiracy between the victim and her mother for the sake of their own financial benefit.

Laila said that since Rohaizat stopped sending money to the victim’s mother, the latter became very upset and jealous when she learned that Rohaizat was still in contact with her (Laila) and was still sending her money.

“I told her (the victim’s mother) that my relationship with Rohaizat hasn’t changed and that he still sends me money,” said Laila.

“The victim’s mother got angry and said, ‘Saya mau kasi kena ni Rohaizat.’ (‘I want to get back at this Rohaizat.’)”

To a question by Zahir, Laila told the court that the allegation against Rohaizat was probably a complot between two other policemen.

Asked why she thought so, Laila explained, “In a conversation I overheard, they (the policemen) said that if they succeeded in bringing Rohaizat down, one of them will be promoted.”

Zahir then asked Laila if she knew one of the officers, then a DSP, has since been promoted and had testified earlier during the prosecution stage of this trial as a superintendent, Laila replied in the negative.

To another question by Zahir, Laila further testified that she was roughed up by police personnel following her arrest.

“A policeman raised his voice at me and said, ‘Kamu mahu jadi saksi di mahkamah untuk mengenakan Rohaizat?’ (‘Do you want to become a witness in court to get back at Rohaizat?’) I told him ‘no’, and with his foot on my head, he said, ‘Kalau kau tidak mahu, saya akan terajang kau.’ (‘If you don’t want to, I will beat you up.’)”

Furthermore, Laila testified that in addition to not being informed of her right to remain silent, she was also not allowed to reread the statement she had given to the police or have the statement read to her.

Zahir: When your statement was being taken by a policewoman, did she inform you that you were not obliged to answer any question with a tendency to incriminate you?

Laila: No.

Zahir: And you weren’t allowed to reread your statement or have it read to you?

Laila: No.

Zahir: But you signed the statement anyway?

Laila: Yes.

Zahir: Why?

Laila: I was forced to, especially when I thought back to when I was hit and of the torture I may have to endure for being uncooperative. I also thought about how I denied “selling” the victim and how the policewoman taking my statement had ignored what I said. In the end, I just kept quiet and didn’t read my statement. I was then forced to sign it.

The court was also told that Laila’s statement to the police had gone missing.

Zahir: You told the court that one of the police officers informed you that your statement went missing.

Laila: Yes.

Zahir: How did you feel about the missing statement?

Laila: Of course I was worried, especially because all the police personnel forced me to admit that Rohaizat raped the girl.

Zahir: Before the officer told you about the missing statement, he suggested something to you. What was it?

Laila: He said to me, “Betulkah Rohaizat rogol budak tu? Kamu cakap saja.” (“Is it true that Rohaizat raped the girl? Just say so.”)

Zahir: How many times did he say that?

Laila: Repeatedly.

Zahir: Did you agree with his suggestion?

Laila: No.

Zahir: Why?

Laila: I said to him, “Macam mana saya mahu cakap kalau saya tidak nampak benda tu berlaku?” (“How am I supposed to admit it when I didn’t see it happen?”)

On the first to the third charges, Rohaizat faces two counts of raping and one count of sodomising the victim in a hotel room here between 12.30pm and 5.30pm on February 1 and 2, 2012.

On the fourth and fifth charges, Rohaizat was accused of raping the victim at the same place between 3am and 8pm between May 1 and 6, 2012.

The rape charges are framed under Section 376(1) of the Penal Code, which is punishable with a maximum prison term of 20 years and whipping, upon conviction.

Meanwhile, the sodomy charge comes under Section 377B of the Penal Code which carries a jail term of up to 20 years and whipping, on conviction.

Rohaizat is currently released on RM10,000 bail with RM5,000 deposited in one local surety for each charge.

Earlier on November 16, the judge ruled that the prosecution had established a prima facie case against Rohaizat and called him to enter his defence.

The trial continues today.