KOTA KINABALU: Traces of semen were found on two handkerchiefs as well as the seat cover of the car where an alleged rape took place in February this year.
However, other items including a baju kurung, a scarf, a camisole, a little scarf as well as a pair of panties neither had semen nor any blood stains.
The second prosecution witness Biling A/K Peter Raig, 37, testified that the semen was traced on the upper part, middle and left side of the first handkerchief while only the middle part of the second handkerchief had semen traces.
Biling was testifying at the trial of Riduan Masmud, a local restaurant manager, who was charged with raping a teenage girl whom he later married, at the Sessions Court here, today.
Riduan Masmud, 40, who appeared before judge Ummu Kalthom Abdul Samad faces a maximum jail of 20 years and is also liable to whipping if found guilty under Section 376 (1) of the Penal Code.
The accused, who was represented by counsel Loretto S. Padua Jr, was alleged to have raped the girl, then 12 years and six months old inside a car which was parked at the roadside near an area of Kionsom waterfall in Inanam at 10am on Feb 18.
Biling, a chemist told the court that two handkerchiefs and a car seat cover had shown positive on a preliminary test of semen.
“Apart from the two items, there was also semen found on the car seat cover at the edge of right side of the seat,” he said during examination-in-chief by deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin.
To a question from Raja Zaizul, Biling said there was also no ethyl alcohol found on the blood specimen of the victim.
He said that DNA profiling test will be conducted on the other items namely, nail samples, hair samples, high vaginal swab, low vaginal swab and dry blood specimens which will be submitted to the Chemist Department in Kuching.
In yesterday’s proceedings, Biling also said that he received 19 envelopes containing the exhibits and a parcel for preliminary examination.
“My analysis was done using two methods which were Kastler Meyer and Acid Phosphatase tests,” he answered to another question from Raja Zaizul.
Earlier, the first prosecution witness, Corporal Edward Darwin, 34, clarified that a police report lodged about the alleged rape had taken place on Feb 18 this year.
“I apologize, it was typing error that I have made when preparing the report lodged by a woman as it was not Feb 18, 2012 but Feb 18, 2013,” he testified when pointed to the error.
During examination-in-chief, he also said that the complainant (the woman), another woman and the victim were also present during the report lodged at the Inanam police station.
When asked by Raja Zaizul whether the father of the victim also present during the report lodged, Edward replied “Yes”.
“After I received and typed the report, I then informed an investigating officer who asked the complainant, the victim and two others to wait until she (the investigating officer) came,” he added.
The case attracted a lot of attention after it was revealed that the case may be dropped since Riduan had married the girl. But the Attorney General Chambers decided to pursue the case in the interests of the public.
On May 7 this year, the accused told the same court that he will marry the girl.
He said from the dock that he will be marrying the victim soon pending his applications of polygamy and marrying an underage girl (the victim) at the Syariah Court.
Counsel Mary Lee held a watching brief for Sabah Women Action Resource Group (SAWO), Women’s Centre for Change, Penang (WCC Penang), Sisters in Islam and Mama Anne of Bukit Harapan while Datuk Mariati Robert was a watching brief counsel for Sabah Law Association and Befrienders KK.
The trial continues today.
By Ranau Sativa
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