Two lawmakers have urged the Kuala Lumpur High Court to reconsider its recent decision to strike out a case brought by a survivor against her alleged rapist after she could not make a RM70,000 “security” payment.
Last week, judge Azimah Omar annulled the survivor's sexual assault and false imprisonment suit against police officer Hazrul Hizham Ghazali.
She further ordered the survivor to pay RM6,500 in costs to Hazrul.
This was after the survivor failed to deposit the RM70,000 which Hazrul had applied as security for costs due to her foreigner status.
In a statement today, Petaling Jaya MP Maria Chin Abdullah and Kampung Tunku assemblyperson Lim Yi Wei called on the court to waive the fee.
“We call on the court to be compassionate (and) waive the RM70,000 security payment.
“And reopen the civil case so that the survivor can gain access to the justice she deserves and send a message that abuse of power by authorities shall be taken seriously by the courts,” they said.
Hazrul made headlines last April he was charged with trafficking and raping two Mongolian women - one of them was the survivor.
The 30-year-old police inspector had stopped a vehicle transporting the women while on duty at a police roadblock at the NPE Toll Plaza in Petaling Jaya, Selangor.
Instead of taking them to the police station, Hazrul had taken them to a hotel. He is accused of abusing his position as a police officer and employing criminal force to commit the crimes.
High cost for justice
Maria and Lim expressed concern over the wider implications of the court’s decision in the survivor's case.
“It signals to other rape survivors that one must have at least RM70,000 in their bank accounts to successfully file a suit against their rapists [...]
“The court decision has contributed towards making the reporting process even more overwhelming for survivors,” they said.
The duo thus underscored the need for the court to reconsider its decision.
“We sincerely feel that the court could be more compassionate and not impose such a high barrier towards alleged survivors seeking justice, especially those with little means,” they reiterated.
Mathew Thomas Philip - the lawyer representing the two Mongolian nationals - has started an online crowdfunding campaign to raise RM46,500 to allow the survivor's case to be refiled at the Sessions Court.
As of 6.30pm today, the campaign had collected RM10,598.
The survivor previously said she intends to pursue the case despite losing her reputation back home and struggling to obtain support from her family and friends.
“I am having a hard time now but I don’t want to give up on my civil claim because it would mean giving in to that police inspector,” she said through Philip. - Mkini
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