Two Mongolian women obtained an RM820,000 civil court judgment against a former police inspector over non-consensual intercourse during Malaysia’s movement control order (MCO) four years ago.
The Kuala Lumpur High Court this afternoon allowed the two plaintiffs’ lawsuits against defendant Hazrul Hizham Ghazali over the incident in two separate bedrooms at a hotel in Petaling Jaya between April 10 and 11, 2020.
The term “non-consensual intercourse” is utilised for civil court actions, while the term “rape” is only used for criminal court cases.
Judge John Lee Kien How @ Mohammad Johan Lee ruled that Hazrul failed to rebut the testimonies of the two women because the 34-year-old did not turn up for the full court hearing last year to take the witness stand.
The judge said that the women testified they met Hazrul when the plaintiffs were stopped at a roadblock in Petaling Jaya on the night of April 10, 2020.
Johan said the duo were ordered to step out of the car and brought to a nearby police tent before Hazrul brought the women to separate bedrooms at the hotel.
The judge said Hazrul had non-consensual intercourse with both plaintiffs - at least five times with one of the women and twice with the other woman.
“In brief, after considering the undisputed and unchallenged testimony of the witnesses and the submission, I have found that the plaintiffs have proven on the balance of probabilities,” Johan said.
The judge then ordered Hazrul, who was absent from today’s civil court proceedings, to pay RM460,000 to one of the women and RM360,000 to the other woman.
Johan also ordered the defendant to pay RM20,000 in costs to each of the women.
Counsel Nathalie Annette Kee Xuan Li appeared for both women, with one of them present online via Zoom.
Hazrul’s lawyers last year discharged themselves from acting for the defendant before the start of the full trial.
Acquitted of criminal charges
In April 2020 before the criminal sessions court, Hazrul was charged with alleged illegal detention of the two women and repeated rape of them at the hotel.
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.
However, Hazrul was discharged and acquitted of the charges at the end of the defence stage of the criminal trial. - Mkini
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