PETALING JAYA: A law firm has started a crowdfunding campaign to help a Mongolian national refile a civil action suit against a former police inspector in the Kuala Lumpur Sessions Court.
Thomas Philip Advocates and Solicitors aims to raise RM46,500 on behalf of Nandine-Erdene Khoskhulug in order to continue with the case.
The firm in a statement said Khoskhulug had filed a civil action suit in the Kuala Lumpur High Court in April last year seeking declarations that she was unlawfully detained and allegedly raped by Hazrul Hizham Ghazali during the initial movement control order as well as well other damages.
"However, recently, the High Court struck off the civil action filed against the man when Khoskhulug failed to make payment of RM70,000 in ‘security for costs’.
"This follows the High Court’s decision to allow an application by Hazrul's solicitors, requiring Nandine to deposit this security to continue her action," the firm said.
The firm, which is representing Khoskhulug on a pro bono basis, is mounting a campaign to seek donations in order the file a new action.
It said Khoskhulug needs to pay RM6,500 in costs to the former police inspector for being unable to show she could sustain the civil action.
An estimated RM40,000 is also needed to meet any future security for cost application that may arise with the re-filing of the case.
The firm's founder Mathew Thomas Philip said while the firm respects the court's decision to grant the security for cost application, it should not be a reason to deter sexual assault or rape victims from bringing a civil suit.
"We will not give up on behalf of Nandine and we will refile her action once we have the funds in place," he said.
The firm has kickstarted the campaign on local crowdfunding platform PitchIN.
The firm said Khoskhulug had been previously placed at a gazetted shelter for potential trafficked victims during the filing of her suit.
She has since returned to Mongolia and is struggling to raise the required funds because of the Covid-19 pandemic and social stigma.
However, she refuses to give up on her civil claim and wants to prove her case and clear her name.
The criminal proceedings against Hazrul began in April last year and he is facing multiple accounts of rape and outrage of modesty in the Klang Criminal Sessions Court.
The firm said the criminal trial is ongoing with continued dates scheduled for April and May this year.
More information on the campaign can be found at https://www.reward.pitchin.my/.
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