AG to proceed with statutory rape case in Sabah

The prosecution will proceed with the case of a 13-year-old girl in Sabah who was allegedly raped by a 40-year-old restaurant manager.

Attorney-General Tan Sri Abdul Gani Patail said the case was still ongoing and the Attorney-General's Chambers (AGC) had not dropped the matter.

"I have no choice but to state my stand today. Normally, we do not state our stand until completion of the full investigation. In this case, you force us to go against certain principles and I do not have a choice...I think this thing has got to end, once and for all.

"It is not a simple case. Please understand us and let us finish our investigation. Have trust in us to complete our job. I can tell you this, we do not tolerate any kind of child rape but at the same time, we have got to ensure that justice is done," he told reporters here today.

Abdul Gani said since the victim had refused to give evidence, the prosecution team had to rely on other evidence such as deoxyribonucleic acid (DNA) report, report from the social welfare department and investigating officer, as well as a check on their Facebook account, which had yet to be received.

"In this matter, I have a witness who is a friend of the underaged girl, whereby, she (friend) sat in the rear of the car. However, what was seen while seated behind is another issue.

"But I do believe in the child, so we need further evidence from her to really analyse the evidence," he said.

Riduan Masmud, a father of four, was charged on Feb 28 for allegedly raping the girl inside a car parked by the roadside in Inanam, Sabah about 10am on Feb 18.

He later declared that he had married the girl in the midst of the case.

Sessions Court Judge Ummu Khatom Abd Samad gave the AGC until June 6 to decide on whether to proceed with the case.

On May 7, Deputy Public Prosecutor (DPP) Ahmad Nazmeen Zulkifli told the court that he had no objection on the case to be withdrawn after the girl withdrew the rape report which was lodged on April 18.

However, DPP Chaw Siang Kong told the court on Monday the he needed time to review the case as it involved public interest.

Relating to the case, Abdul Gani said there was an issue of the RM5,000 paid to the girl's father by the accused, which was referred to as a 'sogit', which is a form of compensation under the Sabah native laws.

However, he said he was informed that there was no such order from the Native Court; thus, a small task force had been formed to investigate the issue.

"In my opinion, at this time, there is no 'sogit' payment in the legal sense. I suspect, therefore, it must be equivalent to 'rasuah' (bribe) and I have requested the Malaysian Anti-Corruption Commission to get involved," he said.