Wednesday, April 29, 2020

Police inspector in rape probe charged with trafficking Mongolian women? Start trial now..when Mongolian women victim/witnesses still around?

Well, the police officer has been charged for offences of human trafficking, which he pleaded not guilty and has been  released on RM20,000 bail - Court fixes case for 17th June for mention (not the start of the trial). Why the delay - when we need a speedy trial when the victims and witnesses are still in Malaysia?

Then, a recent Malaysian Insight report, says that the police says that he would be charged again tomorrow - he will be slapped with 'six counts of violating Section 376(2)(f) of the Penal Code for raping and molesting the first victim, who is not named.He faces a further two counts of rape and molestation against the second woman, also not named.' Well, not happened yet - so we see what happens tomorrow?

SPEEDY TRIAL is very important when the alleged victim/s and witnesses are foreign nationals - if not, how long do you expect these non-Malaysians to hang around for the trial? The other problem is that Malaysia may have no allocation of funds to bring these women back from Mongolia to be witnesses in this trial - and,if no witnesses, then high chances for the guilty to escape justice. 

For the first case, the judge set the first mention date on 17/6/2020 - and this is not the date the trial begins> A mention date could have been set in 1 weeks time, and the trial should commence maybe in 2 weeks > what is important is that the trial starts, and the alleged victims and the witnesses testify in court (which will justly give the chance for the accussed's lawyer to also cross-examine the witness, which is just for a FAIR TRIAL. (After testifying in court, they can leave and go home - and if needed again, Malaysia must give commitment to bring the witnesses back again...).

The way Malaysia has treated the alleged victims and witnesses, being the Mongolian women, thus far has been to arrest and detain them for being 'suspected' human trafficking victims. The interim protection order can last 21 days, and thereafter if the Magistrate is satisfied that they are 'human trafficking victims', another protection order for 3 months...then likely to be deported back to Mongolia...Remember, this 'anti-trafficking' law, allows for them to not just be released immediately, and also to remain and even work legally in Malaysia for up to 3 years if they want to...

Yesterday, it was reported that  the '...Three Mongolian women who were detained by police after alerting authorities on the alleged rape of two other Mongolian women have been released by the cops...' Under what law, was this release made? Will the women be going back to Mongolia now, on their own free will - or 'forced' because of lack of documents validating their legal stay in Malaysia?

Once, they go back to Mongolia, would these women even want to come back to Malaysia, even if the government is willing to pay for travel and board? Would they come back after how they have been treated? I wonder...

And now, if there is no 'speedy trial' - I worry whether justice will be done? What say you?

WILL MALAYSIA ASSURE THAT THEY WILL BEAR THE COST TO BRING THESE WOMEN BACK FOR THE TRIAL? Better, still is a speedy commencement of the trial now, maybe in a week, to enable these 5 women to give their evidence in court, and be cross-examined by the accused lawyer... Why can't the trial start on Monday, the 4th of May and continue for a week or more until all these 5 have given their evidence in court?

The other point, is a worker rights issue > Is this accused police man suspended with full PAY, which must happen noting also the PRESUMPTION OF INNOCENCE UNTIL PROVEN GUILTY. No worker can be suspended or terminated simply because he is suspected (or even accused in court) for committing a crime, no matter whether it is murder or rape. It is not for the police or employer to decide on guilt or innocence - it is the Court after trial.

See earlier related posts:-

Mongolian rape case - Police delay in submitting investigation paper to Public Prosecutor? Why?

Suspending 'Cop who allegedly raped Mongolian women' wrong? Presumption of innocence until proven guilty? Worker Rights Violation?

Suspected rapist policeman FREED on police police bail, whilst 2 Mongolian victims( and 3 witnesses) in Detention? JUSTICE?

Detain Mongolian women rape victims and witness can be released and allowed to work in Malaysia, so says the law. - The Anti-Trafficking In Persons And Anti-Smuggling Of Migrants (Permission To Move Freely And To Work) (Foreign National) Regulations 2016 allows them to not only be released immediately to be able to move around freely but to make it possible for them to work in Malaysia for at least 3 years.

Mongolian Rape Victim and Witnesses Detained? Deported soon? Will Police Officer be charged and tried in court?

Police inspector in rape probe charged with trafficking Mongolian women

Hazrul Hizham Ghazali at the Klang Sessions Court today.
KLANG: A police inspector who was accused of raping two Mongolian women today claimed trial at the Sessions Court here to a charge of trafficking for sex.

Hazrul Hizham Ghazali from the Petaling Jaya police headquarters, is charged under Section 13(f) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act, for abuse of power in 
exploiting the two women aged between 20 and 36 years old.

The alleged offence took place between April 10 and 11 at a hotel in Petaling Jaya.

Hazrul, who is represented by lawyer Shah Rezal Abdul Manan, faces a jail sentence of between three to 20 years or a fine.
Judge Tasnim Abu Bakar granted him RM20,000 bail. The court has set June 17 for mention.

Hazrul was previously arrested for alleged rape of the two Mongolian women.

Authorities also investigated the case for human trafficking claims.

He was later freed on police bail and suspended from the force. - FMT, 29/4/2020

Cop to be charged with raping 2 Mongolian women

Police inspector Hazrul Hizham Ghazali today pleads not guilty to trafficking and sexually exploiting two Mongolian women. – The Malaysian Insight pic by Kamal Ariffin, April 29, 2020.
POLICE inspector Hazrul Hizham Ghazali, who this morning claimed trial to trafficking and sexually exploiting two Mongolian women, will face rape charges tomorrow.
The 30-year-old accused, who has been suspended, will be charged at the Petaling Jaya court, said district police chief Nik Ezanee Mohd Faisal in a statement today.
Hazrul will be slapped with six counts of violating Section 376(2)(f) of the Penal Code for raping and molesting the first victim, who is not named.

He faces a further two counts of rape and molestation against the second woman, also not named.

“I remember saying we will go all out in the investigation, and we did. Thank you for your patience,” said Nik Ezanee.

Hazrul pleaded not guilty at the Klang Sessions Court to two charges of human trafficking and sexual exploitation in relation to the women, aged 20 and 36.

Judge Tasnim Abu Bakar set bail at RM20,000 and fixed June 17 for case management.

The cop is accused of trafficking the women between 10.30pm on April 10 and 8.30pm the next day at Room 302 of PJ Luxe Hotel, and sexual exploitation by means of abusing his power, a crime punishable under Section 13 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.

For these charges, he faces between three and 20 years’ imprisonment and a possible fine upon conviction.

Bukit Aman Criminal Investigation Department director Huzir Mohamed previously said the suspect was under investigation for human trafficking as well as rape.

Police rescued the women from the PJ hotel on April 11. The duo said they were raped by a police inspector at the hotel after their arrest at a roadblock.

Hazrul was detained for seven days to facilitate investigations. – April 29, 2020.- Malaysian Insight, 29/4/2020

‘Whistleblower’ Mongolian women freed, inspector to face trafficking charges

Reports say the two Mongolian women were detained at a roadblock in Petaling Jaya. A police inspector will be charged with trafficking in the women tomorrow in Klang.
PETALING JAYA: Three Mongolian women who were detained by police after alerting authorities on the alleged rape of two other Mongolian women have been released by the cops.

Their lawyer, Matthew Thomas Philip, said the initial detention of the three women was against their fundamental human rights, adding that their release was a big relief.

“We are extremely grateful to all those who came forward to demand accountability from the police in their treatment and the process of investigation of our clients.

“With the whistleblowers freed today, we take it as a first step forward towards justice in this case,” he said in a statement today.
They had been placed under an interim protection order on April 14 after reporting the alleged rape of two Mongolian women by a policeman.

The officer allegedly took the women to a hotel on April 10, where he was accused of raping them. 

This allegedly came after they were arrested at a roadblock over claims they did not possess valid travel documents.

Philip also said a civil suit was filed by the rape victims against an inspector for special, general, punitive and exemplary compensation and other relief deemed appropriate.

The suit, fixed for mention on May 27, also seeks judicial relief from the hotel for acting on the officer’s instructions and facilitating his actions.

Officer to be charged with trafficking tomorrow

Meanwhile, Bernama reported that the police officer will be charged in the Klang court tomorrow for having held the two Mongolian women, aged 20 and 37, against their will.

Petaling Jaya district police chief  Nik Ezanee Mohd Faisal said the officer will be charged under Section 13(f) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Atipsom). The section is associated with trafficking in persons for the purpose of exploitation by abuse of power.

He also said that the police are awaiting further instructions as to the offence of rape.

“The police have received instructions to have the officer charged under Atipsom. The police are awaiting further instructions for the offence of rape under Section 376 of the Penal Code,” he said in a statement today. - FMT, 28/4/2020

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