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Thursday November 15, 2012

Counsel: They did not have sex

GEORGE TOWN: An electrician recently bound over on a good behaviour bond after being convicted of raping an underaged girl has denied ever having sex with her.

“This is supported by the medical doctor’s testimony and medical report,” Chuah Guan Jiu’s counsel P. Ashokumar told the High Court yesterday.

“The doctor also said the girl is sexually active. Evidence showed that the victim is not a virgin as she claims.”

He said this in his submissions in two appeals heard yesterday in relation to the case. Chuah had appealed against his conviction by the Sessions Court on Aug 28; while the prosecution was appealing against the non-custodial sentence.

Sessions Judge Sitarun Nisa Abdul Aziz had ordered Chuah, 22, to be bound over for three years on a RM25,000 good behaviour bond after finding him guilty of raping the girl, then aged 12 years and 10 months.

The incident apparently took place at his flat in Jalan Ru 1, Air Itam, between 7am and 1pm on July 18 last year, and between 2.25pm and 2.45pm the next day. Chuah’s other counsel, Md Yusuf Md Idris, said the girl’s testimony was not trustworthy due to contradictions in her story.

Md Yusuf said the girl told the doctor who examined her that she had sex with her third boyfriend on July 8, July 11 to 15 and July 18; but said in court later that she did not have sex with him but with Chuah.

He said an SMS that read “Are you carrying my child?” allegedly sent by his client to the girl was questionable.

“When her father came across the SMS, she admitted to having sex with my client. But why did she tell the doctor that she had sex with another guy?” he asked, adding that the prosecution failed to tender the text message in court.

Deputy Public Prosecutor Awang Armadajaya Awang Mahmud said the defence had relied heavily on the doctor’s testimony.

He said the patient’s history as related by the doctor of the girl having consensual sex with her third boyfriend was hearsay; as the doctor did not actually see the sexual intercourse himself.

“This violates Section 60 of the Evidence Act. All these allegations should be expunged,” said Awang Armadajaya.

On the SMS, he said the testimony of the girl’s father was corroborated by the girl.

He added that virginity was not an issue in this case; and that the girl had given evidence that she had never had sex with anyone apart from the accused.

In the three hour-long court proceeding, Chuah sat calmly in the dock while his parents sat at the back portion of the public gallery. Neither the girl or her family members were present.

Justice Zakaria Sam set Monday to deliver a decision on the appeals.

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