Transgender masseur acquitted of robbing cop in KK

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Nidsmar with counsel Rakhbir.

KOTA KINABALU (Sept 13): A transgender masseur was freed by the Sessions Court here on Tuesday from a charge of robbing a policeman.

Judge Ummu Kalthom Abd Samad acquitted and discharged Nidsmar Jalal, 23, without calling for Nidsmar’s defence.

In her reserved ruling, the judge ruled that the prosecution had failed to establish a prima facie case against the accused.

Nidsmar was accused of robbing Lance Corporal Abang Rudy Eswandy Naim, 45, of RM300 on the third floor of a building at Bandaran Berjaya here on June 17, 2020.

Ummu ordered Nidsmar’s bail to be refunded if the prosecution did not appeal.

The prosecution had produced seven witnesses to testify against Nidsmar since the trial commenced on January 28, 2021 and the prosecution had closed its case on March 31.

The charge was under Section 392 of the Penal Code which carries a jail term of up to 14 years and also liable to a fine or whipping, upon conviction.

Counsel Datuk Seri Rakhbir Singh represented Nidsmar while the prosecution was led by deputy prosecutor Adibah Saiful Bahri.

Rudy was attached to the Karamunsing police station in Kota Kinabalu at the time of incident. He is currently attached to the Kuala Lumpur International Airport police district.

In his submissions, Rakhbir argued that Rudy had told the court that he was not sure if the police report was dishonest or false during cross-examination.

Rudy had answered “I am not sure” when asked by Rakhbir during cross-examination if the report was false.

Rakhbir argued in his submissions that the policeman had actually gone to look for Nidsmar for “services” at his private room on the third floor at Bandaran Berjaya following a chat over WeChat.

Rakhbir said that Rudy had admitted in court to have deleted his WeChat texts during the trial.