High Court judge Kan Weng Hin says Hanaffey Mahadi’s use of his position of authority renders the consent given by the woman to sexual intercourse irrelevant.
Justice Kan Weng Hin said the Malay proverb “harapkan pagar, pagar makan padi” – betrayal by a trusted person – best encapsulates the facts of the case.
Hanaffey Mahadi, a former lance corporal, was found to have used his position of authority to compel his victim to have sex – which constitutes rape under Section 375(f) of the Penal Code – at a hotel in Pekan Senai, Johor, on April 18, 2018.
“Having considered the totality of the evidence and submission from the respective counsel, I am satisfied that the decision of the sessions court judge was correct.
“I confirm the conviction of the appellant (Hannafey) and the sentence of eight years and three strokes of caning,” the judge said in his written judgment.
Kan also upheld the trial judge’s order that Hannafey be placed under police supervision for two years after serving his sentence.
The judge said the incident would have constituted rape under Section 375(f) even if the woman had consented to sexual intercourse, as Hanaffey had used his position of authority to obtain the favour.
He said that under Section 375(f) of the Penal Code, “a person in a position of authority” refers to someone capable of exercising significant or undue influence, such that the other party feels compelled to comply.
Kan had conducted the proceeding by way of revision as the trial judge in the sessions court who convicted Hanaffey had passed away without providing his written grounds of decision.
Kan said Hanaffey had checked in under his own name and paid for the room.
“This image of him being a person in authority continued in the room when he had sex with the woman who was frightened and did not protest,” he said.
According to the facts of the case, the woman had two days earlier, at about 4.30pm, fled from her employer’s house on Jalan Inang, in Skudai, Johor.
She went to seek refuge in a mosque, where a Good Samaritan contacted the police.
She was taken to a police station to lodge a report but was unable to do so because she did not have any identification document with her.
Hanaffey, who had finished his work for the day, offered to take her in his car to her employer’s house to retrieve her passport, but instead drove to a hotel and checked in with the woman.
She was unable to escape from the room as the door was locked. Hanaffey had also told her that she would not be able to return to Indonesia if she did not give in to his demands.
She did not resist due to fear and confusion and subsequently lodged a report against Hanaffey.
A medical examination confirmed that she was raped. - FMT
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