Kota Kinabalu: Two men, who are the uncle and brother-in-law of a 10-year-old girl, claimed trial to raping her at the Sessions Court here.
Both accused’s cases were supposedly for facts and sentencing on Wednesday but they informed Judge Elsie Primus that they wished to change their plea to not guilty to the charges against them.
The men, who were farmers, had previously in October and November, pleaded guilty to the charge against them, respectively.
The 31-year-old brother-in-law faced two charges.
On the first count, he was accused of raping the minor at 8am on Sept 30, this year, in the room of a house at a village in Pitas.
On the second count, he allegedly raped the girl at noon the same day, in the same place.
Meanwhile, the 42-year-old uncle was accused of raping the same girl at noon, on Sept 30, this year, at an oil palm smallholding in the same village in Pitas.
They were each charged under Section 376(3) of the Penal Code which carries a jail term of between eight years and 30 years and whipping of not less than 10 times.
Deputy Public Prosecutor Mas Izzaty Lokman applied for case management dates for each case and offered no bail to both men due to the seriousness of the cases as well as the relationship between the accused and alleged victim.
Mas Izzaty submitted that there were possibility for the accused to tamper with the prosecution’s witness.
She also informed the court that there was a withdrawal report by the alleged victim’s elder sister, who was the wife of the 31-year-old accused.
Counsel George Aludah, representing both accused, applied for bail in view of the current situation in detention centre and proposed for the court to warn the accused not to tamper with the alleged victim and other witnesses as they live in the same village, albeit different houses.
George also said the accused are locals and very unlikely to abscond outside Sabah.
The prosecution informed the court that the alleged victim is currently placed under the care of the Welfare Department.
The court set Feb 4 for case management of the accused’s cases.
The court ordered both accused to be remanded further.
Elsie dismissed the bail application of the uncle’s case since he told the court that he has no sureties at the moment to the bail if granted.
In the brother-in-law’s case, the court denied him bail as there were conflict of interest in the case as the wife, who was the person who lodged the report against her husband, is now the same complainant who is going to be the surety for the case.
She would also be the main witness for the prosecution.
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