KOTA KINABALU: The High Court here rejected restaurant manager Riduan Masmud’s bid to quash his arrest warrant for failing to turn up at his sentencing for raping a 13-year-old girl.
Kota Kinabalu High Court Deputy Registrar Steve Ritikos revealed this in a Jan 30 letter to defence counsel Ram Singh who is representing Riduan.
Ram, when contacted, said Ritikos in his letter stated that the High Court had reviewed the proceeding notes of Riduan’s trial and found that Sessions Court judge Ummu Kalthom Abdul Samad had “acted within her powers and jurisdiction”.
Ram filed a revision on Jan 29 at the High Court Registry seeking for the arrest warrant against his client to be quashed and for Ummu Kalthom to recuse herself from the case.
He said Ummu Kalthom, who convicted Riduan on Jan 24 for raping the girl, had erred when she ordered the arrest warrant against Riduan on Jan 27 after deeming the medical certificate produced by fellow counsel Lo Yun Sin as “unsatisfactory”.
Ummu Kalthom had issued the arrest warrant when Riduan failed to turn up for his sentencing that day.
Ram in his request stated that Ummu Kalthom should have ordered the doctor who had issued the medical certificate to explain Riduan’s ailment and the length of time needed for his client to return to court.
He said Ummu Kalthom should recuse herself from the case due to the manner in which the trial was conducted and Riduan being unrepresented during the hearing.
He also stated that two lawyers, who kept a watching brief at the trial, did not have any authority letters from the non-Governmental organisations they claimed to be representing.
Riduan, a father of four aged between two and 17, was charged with raping the schoolgirl in a parked vehicle on a road near Kionsom Waterfall in Inanam between 9am and 10am on Feb 18 last year.
He subsequently took the schoolgirl as his second wife in May.