MIRI (March 10): The Sessions Court here today set March 29 this year for case management of two police personnel who were charged in connection with the rape of a minor by a detainee at the Miri Central Police Station lockup in January.
The two accused namely Brase Omang, 54, and Edmund Jali, 44, were released on an extended bail of RM10,000 with two local sureties pending the date.
The date was fixed after Judge Mohd Taufik Mohd @ Mohd Yusoff allowed the application by defence counsels Ranbir Singh Sangha and Gurvir Singh Sandhu for a new date for further case management to enable them to examine the documents submitted by the prosecution before making a decision on whether to represent the two accused in this case or another accused in an related case.
Previously, during the mention of the case on Feb 22, Sarawak Director of Prosecution Mohammad Al-Saifi Hashim told the court that Ranbir and Gurvir are also representing Zuraini Razzi Raini who is accused of raping the minor in the police lockup.
He told the court that this could cause conflict of interest because both Brase and Edmund will become prosecution witnesses in Zuraini’s case, and vice versa.
The two policemen were charged under Section 31(1)(a) of the Child Act 2001 which carries a fine not exceeding RM50,000 or imprisonment of up to 20 years, or both, upon conviction.
Based on the facts of the case, the two accused were responsible for the 16-year-old victim who was being detained at the lockup after her arrest for alleged involvement in illegal gambling activities.
They had allegedly allowed the cell of Zuraini to remain unlocked and for him to have access to the key of the victim’s cell.
The offence was allegedly committed between 10.51pm on Jan 8 and 6.50am on Jan 9.
Both accused also face an alternative charge under Section 166 of the Penal Code, for deliberately violating the legal instructions while on duty as civil servants by leaving Zuraini’s cell unlocked which violated his remand order dated Dec 31, 2020, at the same time and place.
The section provides for up to one year in jail or fine, or both, upon conviction.
The prosecution was led by Mohamad Al-Saifi along with four Deputy Public Prosecutors (DPP) comprising of Nurfadzlin Mahmad Zulhasnan, Rishan Kumar Ragandaran, Muhammad Nor Sollihin Salleh and Danial Ilham.
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