A witness in a rape trial against Zulfahimin Mahdzir - an aide to Gombak Setia assemblyperson Mohd Hilman Idham - today withdrew allegations that the Bersatu politician had a role in "setting up" the incident after a birthday party he hosted for the complainant.
Under cross-examination from defence counsel Chris Kooi, ninth prosecution witness Nur Farihatul Mardziah Mohd Fisol said she had made false allegations against Hilman (above) in a series of text messages to the complainant on Jan 6, 2021, about a month after the alleged rape at a hotel room in Kuala Lumpur.
At the Sessions Court in Kuala Lumpur, Farihatul, referred to as Mai in previous testimonies, also claimed that the complainant had “provoked” her which led to her making the false claims out of anger.
Malaysiakini is withholding the complainant's name to protect her identity.
Kooi: Your messages saying 'Hilman was setting up everything about you', was it supported by any evidence?
Farihatul: No.
Kooi: So why did you say that (to the complainant)?
Farihatul: Because she provoked me... I was angry. And at the time I was drunk.
Kooi: So can I suggest that this set-up claim is false?
Farihatul: Yes, false.
The 31-year-old also said she initially texted the complainant only to ask why the latter was following her boyfriend on Instagram and vice-versa.
The charge against Zulfahimin followed the complainant's decision in January last year to reinstate her initial police report filed on Dec 5, 2020 - about four hours after the alleged incident - which was withdrawn three days later.
The complainant at the time said she reinstated the police report to also implicate Hilman partly because she was informed by friends present at the party of his alleged role in "setting up" the bedroom incident.
Conspiracy claims
The complainant, in her testimony as the fourth witness, had accused Farihatul of conspiring with Hilman when they departed the hotel together and left her in bed while intoxicated at the alleged rape scene.
In her testimony today, Farihatul denied the conspiracy claims, saying instead another friend named "Rina" had suggested that they book a hotel room for the complainant who was intoxicated and vomited on the accused at the karaoke lounge.
To questions from deputy public prosecutor Zilfinaz Abbas, Farihatul confirmed a series of eight images from the hotel's CCTV footage that showed their party of six walking towards a bedroom at Dorsett Hartamas Kuala Lumpur.
"Hilman was assisting the complainant... Rina and I were walking behind them,” she said.
“Zul (the accused) was in front (of the group) to open the room," she added.
Farihatul identified the sixth person as a man named "Adi" said to be another of Hilman's associates.
In her witness statement, she said she left the hotel room after Rina, Hilman and Zulfahimin, while Adi was the last to leave.
"I saw the complainant sleeping in bed in good condition, fully dressed... I did not see anyone in bed with her," she added.
Under cross-examination, the former airline staff however agreed to a suggestion that she could be mistaken about who else was left in the hotel room because she was also drunk.
The complainant had previously disagreed with suggestions of consensual sex with Zulfahimin and identified the accused as the last person she recalled seeing on top of her body before she passed out in a drunken state.
On Sept 7, Zulfahimin reportedly claimed trial for the charge of rape under Section 376(1) of the Penal Code.
Proceedings before Sessions Court judge Norhasniah Abdul Razak will continue on Oct 20. - Mkini
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