http://www.theborneopost.com/2013/06/21/rape-police-report-cannot-be-simply-withdrawn-lawyer/
Rape: Police report cannot be simply withdrawn – lawyer
Posted on June 21, 2013, Friday
KOTA
KINABALU: A lawyer who is holding a watching brief for a number of
women’s organisations in a rape case involving a restaurant manager,
said a report lodged with the police cannot be simply withdrawn.A report lodged with the police cannot be withdrawn as stated in the Attorney-General Chambers online portal, Mary Lee told Sessions Court Judge Ummu Khaltom Abd Samad at the mention of Riduan Masmud’s case here yesterday.
“There is public misconception that a police report can be withdrawn despite the seriousness of the offence against Riduan Masmud,” she said.
According to her, what the victim’s father can do legally is to lodge a separate police report to inform the prosecution that he does not wish to proceed with the case, and provide supporting reasons and grounds.
However, she said the final decision rests with the prosecution’s office.
Ummu Khaltom declined to comment on the concern raised by the counsel, left it to the Attorney-General Chambers to decide.
DPP Luke Ressa told the court that the prosecution would proceed with the trial scheduled for July 1-4 this year.
Riduan allegedly raped the 13-year-old girl on Feb 18 this year at a car park in Inanam and then married her.
Riduan, represented by counsel Loretto S. Padua Jr, was charged under Section 376 (1) of the Penal Code which provides for 20 years’ imprisonment and whipping on conviction.
The watching brief lawyers are Mary Lee for Sabah Women Action Resource Group (SAWO), Women’s Centre for Change Penang (WCC Penang), Sisters in Islam and Mama Anne of Bukit Harapan; Datuk Mariati Robert for Befrienders Kota Kinabalu, Mary Gomez for Voices of the Children Malaysia and Datuk G.B.B. Nandy @ Gaanesh for Sabah Law Association.
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