Three cops charged with 'gang rape'

The three police officers accused of raping an Indonesian restaurant worker have been jointly charged with having a common intention to commit the offence.

Session Court judge Nabishah Ibrahim read out the charge under Section 376 of the Penal Code for rape and Section 377C for forced unnatural sex - which allegedly included oral sex - at a police station in Prai, Penang on Nov 9.

The trio, Nik Sin Mat Lazim, 33, Syahiran Romly, 21, and Remmy Anak Dana, 25, whose seven-day remand ended today, claimed trial.
Nabishah set Dec 12 for statements to be taken from witnesses, while the deputy public prosecutors were Suhaimi Ibrahim and Nurashikin Mokhtar.
Lawyer Rosli Ismail held a watching brief, while lawyer S Anthonysamy represented Remmy and Parmjit Singh represents Nik Sin and Syahiran.
Suhaimi asked that the accused be remanded pending trial as he argued that if they were freed on bail, the trio may tamper with the witnesses as they were known to the trio.
He also applied for the victim’s statement to be taken under Section 396 of the Criminal Procedure Code at a date earlier than the trial so she can return to her country.

If found guilty, the trio face a maximum 20 years’ jail term and whipping.
Bail set at RM25,000
Nabishah later set bail at RM25,000 each, saying that they would not be confined to barracks. However, she warned them not to harass the witnesses.

Since 8am, a large group of reporters had been staking out the court building, awaiting the arrival of the suspects.

They finally came at 2.15pm, escorted by three police officers, with several others on stand-by.

They were in their orange coloured lock-up attire,  heads covered with their own shirts.

Upon seeing the trio, a group of cameramen rushed to the scene.

Penang Indonesian consulate acting consul-general Sofiana Mufidah was present in court.
About 30 “supporters” in police uniform and in plainclothes were also present.
Suspended from duties
The trio, who are of corporal (Nik Sin) and constable (Syahiran and Remmy) rank, have been suspended from duties.
Meanwhile, state CID chief Mazlan Kesah said the trio will not be confined to barracks and gave an assurance that they would not be harassing the witnesses.
When asked what he would do if that happened, he replied, “Then we will investigate and take action.”
Mazlan said the three accused would have to report to the nearest police station on a monthly basis.
The incident allegedly happened at about 7am at a police station in Prai on Nov 9 after the trio apprehended the 25-year-old victim for purportedly not being able to produce her passport.
She is currently seeking sanctuary at the Indonesian Consulate in Penang, awaiting her return home and is said to be in “good health”.
State police chief Abdul Rahim Hanafi has said investigators have recorded statements from 10 witnesses in relation to the alleged offence.
According to AFP, relations between Malaysia and Indonesia have been tense over frequent reports of worker abuse in recent years.
In 2009, Indonesia, the main supplier of foreign workers to Malaysia, stopped sending maids across the border.
Jakarta announced last December it would lift the ban after the two countries agreed to better protect the women, but few maids are reported to have gone to work in Malaysia since then.
Activists have frequently accused the police of abuse, such as the beating of detainees, but it is rare that the culprits appear in court.
The police are also under fire over fears of rising crime as personal tales of abduction, assault and robbery go viral online, triggering scrutiny of official claims that offences have reduced significantly in recent years.