Two lawyers who were representing both the suspect and two police officers in the Miri teen lockup rape case were ordered to choose the party they wished to represent.
Prosecutor Mohamad Al-Saifi Hashim, who is also Sarawak director of prosecution, said there would be a conflict of interest if the lawyers represented both parties.
According to Borneo Post, Mohammad raised the issue to the court on Feb 22.
He told the court that both police officers would become prosecution witnesses in the rape case while they are the defendants in their negligence trial.
The prosecutor asked how the defence counsels cross-examine their own clients.
The two lawyers, Gurvir Singh Sangha and Ranbir Singh, announced their decision in front of the Miri session court judge Mohd Taufik Mohd this morning.
Gurvir decided to continue representing the 19-year-old suspect, Zuraini Razzi Raini. Ranbir will be representing one of the accused police personnel, Edmund Jali.
The prosecutor Mohammad Al-Saifi Hashim and the victim's lawyer Alan Ling confirmed the above-mentioned information with Malaysiakini.
In other words, the two lawyers would still be involved in the two related cases.
The other police officer charged with negligence, Brase Omang, would be represented by counsel Wendel Crocker.
On Jan 9, a 16-year-old girl was allegedly raped by the 19-year-old suspect while in police custody at the Miri central police station.
In her police report, the victim claimed that the cell of the male lockup was not locked, and the accused unlocked her cell door in the early hours of Jan 9 and proceeded to rape her in the lockup's toilet.
The 19-year-old suspect pleaded guilty on Jan 12, before changing his plea on Feb 9.
He was charged under Section 376(1) of the Penal Code, which provides for a maximum imprisonment of 20 years and whipping once convicted.
The two police personnel, Brase and Edmund, were also suspended from duty over the incident.
They were later charged with Section 31 (1) of the Child Act 2001, which provides for a fine of up to RM50,000, up to 20 years imprisonment, or both.
They also face an alternative charge under Section 166 of the Penal Code for deliberately violating the legal instructions while on duty as civil servants. They could be jailed for up to one year, fined, or both.
Today, judge Mohd Taufik set Aug 25 to 27 for the rape trial, while a joint trial will be held on Sept 20 to 24 for the two officers. - Mkini
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