The Court of Appeal has overturned a Kuala Lumpur High Court decision to impose an RM70,000 deposit against a Mongolian national who is suing her alleged rapist.
In a statement today, the plaintiff's legal firm Thomas Philip Advocates and Solicitors said case management for the civil suit can now proceed at the Kuala Lumpur High Court on July 15.
The Court of Appeal also awarded the plaintiff RM7,000 in legal costs.
The plaintiff has filed a suit seeking damages against former police inspector Hazrul Hizham Ghazali for illegal detention and rape in March 2020.
Following this, Hazrul convinced the High Court to impose a "security for costs" deposit of RM70,000 because the plaintiff was a foreigner.
Lawyers for the plaintiff eventually manage to crowd-fund the sum, in the event the appeal was unsuccessful.
Meanwhile, the law firm said the criminal case against Hazrul, who faces multiple counts of rape and outrage of modesty charges at the Klang Criminal Sessions Court, will continue next month.
Hazrul was alleged to have illegally detained two Mongolian nationals and repeatedly raped them at a hotel.
These charges were framed under Section 376(2)(f) of the Penal Code which criminalises the use of a position of authority to coerce a woman into consenting to rape.
If found guilty, Hazrul can be imprisoned for up to 30 years.
He was also charged under Section 13(f) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Atipsom) Act 2007 which criminalises the trafficking of persons for exploitation through abuse of power.
Under this law, Hazrul can be jailed for between three and 20 years. - Mkini
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