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Monday December 16, 2013 MYT 6:55:00 PM
Monday December 16, 2013 MYT 9:22:04 PM
by stephanie lee
KOTA KINABALU: A 40-year-old restaurant manager, accused of raping a 13-year-old schoolgirl whom he later married, said in his defence that he did not know how traces of his semen were found in the girl's private parts.
Riduan Masmud (pic) said Monday he also did not know how traces of his semen were found on two handkerchiefs in the car as well as on the seat cover on which the schoolgirl had sat during the time of the alleged incident on Feb 18.
"I did not do it (rape her) and I don't know how my semen was found in these places," he said before the Kota Kinabalu Sessions Court judge Ummu Kalthom Samad.
He also denied being at the place of incident stated in his charge, on a road near the Kionsom Waterfall in Inanam between 9am and 10am on Feb 18, 2013.
Riduan said he had sent his first wife to work in 1Borneo Hypermall at about 9.45am on that day, and that there was no way he could have been able to reach place of incident by 10am.
"I deny being there at that time, and I did not rape her," he reiterated.
Riduan, who was charged with raping the minor in a parked vehicle near the Kionsom waterfall between 9am and 10am on Feb 18, was unrepresented after his counsel Loretto S Padua discharged himself from the case in September.
Later, he told the court that he had fallen in love with the girl after their several-hour meeting on Feb 18, but never met her again until their marriage at the Sabah Islamic Religious Council in May.
He had taken the schoolgirl as his second wife even though he had not obtained an approval for polygamy from the Syariah Court.
When asked by Deputy Public Prosecutor Raja Zaizul Faridah about whether he agreed that by proceeding with the marriage without the court's consent, he had violated the Syariah Court's decision and also his bail condition set by Sessions Court, Riduan disagreed.
"I am allowed to marry the girl, and I did not know that I was not allowed to communicate the girl or her family in any way as part of my bail condition," he said.
When asked whether he had married the schoolgirl in a hurry in his bid to get the case against him withdrawn, Riduan again said 'I disagree'.
Riduan said he wanted to marry the girl because he was in love with her and that he had asked a third person, who was also one of his witnesses, during their marriage under the Syariah Court on May 7, to look for the girl and her family.
“I had asked this third party to look for her by starting with the information stated in her Facebook account,” he said, adding that they had known each other through the social website for about three months before meeting.
Riduan said he did not marry the girl in a haste as he had time to prepare for a wedding ring and a RM5,000 dowry.
Later in the session, Riduan called on the girl's father and mother as his defence witnesses.
The schoolgirl’s 47-year-old father who works as a security guard in a college, and her 41-year-old mother said they had consented to the marriage based on the fact that their daughter and Riduan loved each other (suka sama suka).
Ummu set Jan 2 for Riduan’s submission.
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