May 2024 trial for suit by two Mongolian rape survivors against ex-cop

The civil court has set five days in late May next year for the full trial of two Mongolian women’s lawsuits against the duo’s alleged rapist, who is a former police inspector.

The High Court in Kuala Lumpur fixed May 27 to 31, 2024 to hear the civil actions by the alleged rape victims against Hazrul Hizham Ghazali.

The plaintiffs’ counsel Nathalie Annette Kee Xuan Li this afternoon confirmed with Malaysiakini over the trial dates.

The lawyer added that the civil actions would be heard by judicial commissioner Mohammad Johan Lee.

On April 23, 2020, the two Mongolian nationals filed civil suits seeking damages from Hazrul for alleged illegal detention and rape a month earlier.

Later, in relation to at least one of the lawsuits, Hazrul convinced the civil court to impose a "security for costs" deposit of RM70,000 because the plaintiff was a foreigner, leading to the suit being struck out when she could not pay. The plaintiff then appealed to the Court of Appeal.

Lawyers for the plaintiff eventually managed to crowd-fund the sum, in the event the appeal was unsuccessful.

In June last year, the Court of Appeal overturned the lower court’s decision to impose the RM70,000 deposit and sent the lawsuit back to the High Court.

The Court of Appeal also awarded the plaintiff RM7,000 in legal costs.

Charges under Penal Code

In April 2020 before the criminal court, Hazrul was charged with alleged illegal detention of the Mongolian women and purportedly repeated rape of them at a hotel in Petaling Jaya in two separate rooms on April 11, 2020.

The criminal 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 could 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 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