KOTA KINABALU - Attorney-General Abdul Gani Patail says the prosecution will proceed with statutory rape charges against 40-year-old restaurant manager Riduan Masmud.
He said the prosecution had never dropped the charges even though the 13-year-old girl the man allegedly had sex with and subsequently married had withdrawn the rape report against the father of four.
"We do not tolerate any kind of statutory rape and we have always taken a hard stand on such offence.
"I have directed my officers to gather more evidence including the DNA report and a report on the girl from the Social Welfare Department.
"I have also asked the investigating officer to prepare an assessment report on the girl," he told a press conference here yesterday.
Riduan was charged on Feb 28 with statutory rape of the girl inside a car parked by the roadside in Inanam near Kota Kinabalu at about 10am on Feb 18.
On May 7, DPP Ahmad Nazmeen Zulkifli told the court he had no objection for the case to be withdrawn after the girl withdrew the rape report against the man on April 18.
When the case came up for mention at a Sessions Court on Monday, DPP Chaw Siang Kong said he needed time to review the case as it involved public interest.
High-profile case: Chaw with Sabah Law Association lawyer Mariati Robert outside the Kota Kinabalu Sessions Court.
Judge Ummu Khatom Abd Samad set July 1 to 4 to hear the case and gave the Attorney-General's Chambers until June 6 to decide whether to proceed with the case.
Abdul Gani said the prosecution would rely on the reports now that its main witness had refused to give evidence against the accused.
"Under normal circumstances, when the main witness in a rape case refuses to give evidence, the charges may have to be dropped, but not in this case.
"Besides the reports, I have another witness, who is the victim's friend, who was seated at the back of the car and saw the man holding the girl. We will get further details from her," he added.
Abdul Gani added that he had asked the Malaysian Anti-Corruption Commission to investigate the claim by the girl's father that Riduan paid him RM5,000 as sogit (compensation), purportedly ordered by a native court.
"The father said in his statement that the money was sogit but I have been told that there was no such order recorded by the native court. Even if there was sogit, it does not affect my case and I can still go ahead," he said.
Abdul Gani said he brought in MACC because he believed there was no sogit, which meant that the payment was equivalent to a bribe.
Abdul Gani said that he had to explain the case in detail to stop speculation.
"For once, I broke my silence because otherwise there will be too much speculation and a lot said in the press which may not be right," he said.
"I have no choice but to state my stand today. Normally, we do not state our stand until completion of investigations."
the star/ANN
they have better chance of prosecuting someone for raping a statue
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