Rape of 15-year-old – Rohingya men out on bail

FMT
January 12, 2021

Shah Alam High Court judge finds no grounds to deny the two men bail.

 

SHAH ALAM: The High Court here today allowed bail for two Rohingya men who are charged with raping a 15-year-old girl.

Judicial Commissioner Norsharidah Awang ordered Mohammad Hassan Mohammad Rafik and Mohd Ali Hossain Odi Rahman to post bail of RM15,000 each with two Malaysians to stand surety.

She also ordered the two to report to the nearest police station on the first week of the month.

Norsharidah, who heard the matter by way of a revision, said she did not find in the notes of evidence of the Sessions Court judge any grounds to deny them bail. 

 

She said the prosecution also asked the court to deny them bail on grounds both were United Nations High Commissioner for Refugees (UNHCR) cardholders.

Lawyer T Harpal Singh said they should be out of jail for now as rape was a bailable offence.

“Moreover, an accused, whether a foreigner or local, is equal under the law and enjoys equal protection under Article 8 of the Federal Constitution,” he said.

Harpal said the Immigration Act also allowed the director-general to set free foreigners from custody pending a decision by a court

The lawyer later told FMT that Hassan and Ali were not brought to court as they were still held at the Dungun prison.

“They will be under quarantine and brought to court later to process the bail application,” he said.

Last month the two, together with three others that included a 17-year-old, were charged in the Ampang Sessions Court with committing the offence on the girl between August and October last year.

The offence under Section 376(1) of the Penal Code carries a maximum 20 years jail term and whipping, if convicted.

Their case will be mentioned on Jan 26. 

 

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