Kota Kinabalu: A self-proclaimed traditional healer (bomoh) was freed from two charges of raping a university student, without his defence being called.
Sessions Court Judge Marlina Ibrahim discharged and acquitted Ronie Apolinario, 55, after ruling that the prosecution had failed to establish a prima facie case against Ronie.
In making the decision, the court stated that the court had thoroughly evaluated all the evidence and submissions before determining that the prosecution had not proven the essential elements of either charge.
“Having read and considered both parties’ written submissions in enclosures 43, 46, and 47, and upon maximum evaluation of the evidence, the court finds that the prosecution has failed to prove the ingredients of the offence in the first and second charges.
“Accordingly, a prima facie case has not been made out,” Marlina said.
On the first charge, Ronie was accused of raping the 19-year-old girl between 11am and 1pm on June 17, 2021 at a rented room in Lorong Kelapa Bersaudara, Kolombong, Inanam, near here.
On the second charge, he allegedly raped the same girl between 1.15pm and 3pm on Sept 3, 2022 at a room of a lodging house in Kg Air, here.
He was charged under Section 376(1) of the Penal Code, which provides for a jail term of up to 20 years’ jail, and whipping, upon conviction.
The prosecution had called four witnesses during the hearing which started in October 2024 and concluded on Dec 9, 2024.
Deputy Public Prosecutor DK Afiqah Alya conducted the prosecution while counsel Azhier Farhan Arisin represented Ronie.
According to the police report lodged by the alleged victim, she was taken to meet the accused by her mother for a traditional healing session, purportedly to remove a spiritual disturbance or “saka” inherited from her grandmother.
