Kota Kinabalu: A 40-year-old restaurant manager who was charged with raping a 13-year-old girl is now married to the victim, the Sessions Court here heard Monday. The prosecution must now decide whether to proceed with the case.
Riduan Masmud's counsel Loretto J. Padua told Judge Ummu Kalthom Abd Samad that Riduan and the victim went for a lawful marriage under Syariah Law.
Padua also informed Ummu that Riduan had given all the papers and certificates regarding their marriage to the Investigating Officer of the case.
In the previous mention of the case on May 7, Padua told the court that both Riduan and the girl are in the process of getting married in the Syariah Court.
He said Riduan had submitted an application for permission to marry an underage girl and another application for permission to be in a polygamy relationship.
Riduan's first wife, who was present at the court, said she has accepted the matter as fate.
According to her, they have four children aged between 17 and two years old.
The court heard that the alleged victim had, on April 18, lodged a police report to withdraw the police report against Riduan, which was lodged by her aunt.
In Monday's proceedings, Deputy Public Prosecutor Chow Siang applied for another mention date, saying the case involved public interest and concern of the community.
"At present, for the issue of whether to proceed with the charge or not, we still have no decision yet. "Due to the new development in the case, we need the time to study it and come out with the decision that is fair to everyone," said Chow.
Ummu then set June 6 for mention of the case and reserved July 1-4, this year for trial in the event the prosecution decided to proceed with the case.
Riduan is accused of raping the girl at 10am on Feb 18 this year inside a car parked by the roadside in Jalan Air Terjun Kionsom, Inanam, here.
The offence, under Section 376(1) of the Penal Code, carries a jail term of up to 20 years and whipping, on conviction.
Counsel Mary Lee and Datuk Mariati Robert are holding a watching brief for the Sabah Women's Action Resource Group (Sawo) and Sabah Law Association, respectively.
Meanwhile, in the Magistrate's Court, a 29-year-old man claimed trial to keeping a stolen motorcycle worth RM3,000.
Edi Pani, who was brought before Magistrate Nuruhuda Mohd Yusof, is accused of keeping the stolen machine at 2pm on May 2 at Kg Bakau in Likas, here.
The court set July 1-2 to hear the case and released Edi on a bail of RM3,000 in two local sureties. Inspector Azaman Hamat prosecuted the case.
