Published on: Thursday, June 14, 2007 |
Kota Kinabalu: A Sarawakian charged with raping a minor failed in his second attempt at the Sessions Court here Wednesday to be released on bail pending trial. Judge Ravinthran Paramaguru maintained his earlier grounds in dismissing Sii Yii Dung's application.
Ravinthran had, on May 23 this year, dismissed Yii Dung's first application on the ground that there was a high likelihood that the accused would jump bail again as he had absconded before.
Yii Dung, a former contractor, is charged with raping a 13-year-old girl between 4am and 8am on Nov 24, 2004 at Room 303, Hotel Shangrila, Bandaran Berjaya, here.
The charge, framed under Section 376 of the Penal Code, carries a jail term of between five and 20 years and liable to be whipped on conviction.
Yesterday (Wednesday) Datuk V. K. Liew and Ram Singh, counsels for Yii Dung, in their application, told the court that the accused has to assist counsels of his choice by being out on bail to locate his former girlfriend, who will be his witness.
The application was objected to by Deputy Public Prosecutor Jamil Aripin, saying there was no reasonable grounds for believing that he did not commit offence and that there was no changes or new facts to merit a consideration.
Ravinthran agreed with the prosecution.
"The argument that the accused has to be out on bail to look for his former girlfriend who will be his witness is not tenable," Ravinthran said.
The judge said the constitutional right of the accused to counsels of his choice could not be extended to right to prepare defence by being out on bail to look for a witness.
He said the accused was granted bail before but abused it by absconding for two-and-half years.
"I noted that even during the investigation stage, the police were unable to locate the accused for six months and that was one of the reasons why bail was objected to earlier." Ravinthran said bail was granted with a high deposit (RM15,000) and requirement to report to the police station fortnightly, but he still absconded.
"He is now before me only because he was located and arrested by the police.
"I am not satisfied that if the accused is released on bail and absconded again, his attendance can be secured by a higher bail amount of RM100,000 as suggested and daily reporting to police station," Ravinthan said in dismissing the application. The court fixed hearing to continue on July 23, this year.
Ravinthran had, on May 23, ordered Yii Dung to be held under remand pending the hearing for Yii Dung to make his defence.
The judge had ordered the accused to enter his defence against the rape charge, ruling that the prosecution has established a prima facie case against Yii Dung for raping a 13-year-old student.
Previously, Yii Dung was on RM15,000 court bail but did not turn up in court on Jan 31, 2005 when the court was scheduled to deliver its ruling after the prosecution had closed its case. Yii Dung had been on the run until police arrested him on April 29, this year in Miri, Sarawak and was immediately brought back to Kota Kinabalu.
