2007 05: ‘Rape victim’ stays silent for love

NSt online. Local News. 22/05/07

By : Rita Jong

SHAH ALAM: An alleged "rape victim" raised eyebrows at the Sessions Court here yesterday when she refused to testify against the accused.

The 17-year-old school dropout claimed she was not raped and that her father had forced her to lodge a police report against Indonesian national Munawar Haris.

The report was lodged after the family found out that the girl was two months pregnant. She gave birth to a baby boy, who lives with her at the family home in Kampung Kalumpang.

During cross examination by deputy public prosecutor Azmeer Mohd Sardi, she claimed the accused and her were lovers."It was my father who forced me (to lodge the police report). He made me do this. The report was lodged at the Kalumpang police station. "We (Munawar and her) are lovers," she said.

Initially, she testified how she met Munawar and how the relationship grew.

They were introduced by a cousin in January 2005. The accused, then 29 years old, was a farmer and she was in Form Three.

She testified that her parents and four siblings did not object to their relationship although her father, a policeman, had reservations.

"My father was angry when he learnt that I was two months pregnant in September 2005," she told the court. Her testimony, however, ended abruptly when the DPP asked her about the identity of her baby’s father.

Witness: I do not want to testify.
Azmeer: But in your police report dated Sept 4, 2005, you said you were raped by Munawar. Witness: No, I was forced by my father to lodge that report. He (Munawar) didn’t rape me.
Azmeer: If he did not rape you, what did he do to you?
Witness: I do not want to answer this.
Azmeer: If you claimed he did not do anything to you, why did you say in your report that you were raped?
Witness: I do not want to testify.

Her refusal to testify prompted judge Datin Zabariah Mohd Yusof to ask: "If you do not want to testify, why are you in court?"

The witness said she did not want to lodge the police report in the first place. Dressed in a black and red floral baju kurung, the girl did not show any sign of fear during proceedings. She spoke confidently.

Zabariah then adjourned proceedings for a lunch break and when trial resumed in the afternoon, it was held in camera.

Earlier, the girl’s policeman father was in court and was identified by his daughter. He is expected to be called as a prosecution witness.

The accused, Munawar, who is said to be a permanent resident, was charged with three counts of raping the then 15-year-old girl at two houses in Kalumpang between May and July 2005.

The accused, who is not represented, is facing a maximum 60 years in jail with caning if convicted on all three counts. Trial continues today.

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Father: I didn’t force my daughter to lodge rape report
NST online. Local News. 23/05/07

SHAH ALAM: The father of a 17-year-old girl, who was allegedly raped by an Indonesian farmer, claimed he never forced his daughter to lodge a police report.

Contrary to evidence given by his daughter on Monday, the 47-year-old policeman claimed she had willingly done so.

During the last hearing, the girl told the Sessions Court that she was in love with the accused, Munawar Haris, 31.

She refused to testify against him and alleged that it was her father who objected to the relationship.

She claimed her father forced her to lodge a report against Munawar at the Kalumpang police station in September 2005, when he learnt that she was two months pregnant.

She gave birth to a baby boy last year. The baby lives with her at the family home in Kalumpang, Hulu Selangor.

Yesterday, however, when her father was questioned by the accused, who conducted his own case, the witness told a different story.

"I did not force her. It was my responsibility as a father to take her to lodge the report as she is a minor," he said.

"She followed me willingly to the police station to do so." When Munawar asked him why he disapproved of his relationship with his daughter, the witness said: "Because you are a foreigner."

Munawar is charged with three counts of raping the then 15-year-old girl at two houses in Kalumpang between May and July 2005.

Earlier, during the examination-in-chief by deputy public prosecutor Azmeer Mohd Sardi, the father said that he asked his daughter who the baby’s father was, but she did not tell him.

He said he knew Munawar who often came to his restaurant in Kuala Kubu Baru. Trial continues before judge Datin Zabariah Mohd Yusof. It will go on for three days beginning July 4.

Azmeer told the court that he would produce a DNA report to determine the identity of the baby’s father.