SINGAPORE (ANN): A 49-year-old man who is accused of raping two 14-year-old girls defecated in his clothes just before his High Court trial started on Tuesday (Jan 14) and refused to change out of his soiled clothes.
Despite being warned by the judge for obstructing court proceedings, Isham Kayubi went on to smear faeces on a glass panel of the dock while a witness was on the stand.
It was not the first time that Isham, a part-time food deliveryman and member of a motorcycle gang, has created a disturbance in open court.
In August last year, when his trial was first scheduled to start, he allegedly exposed himself and urinated in the dock.
He was then remanded at the Institute of Mental Health (IMH) for assessment, and a report in September concluded that he was malingering, and was mentally fit to plead in court.
On Tuesday morning, before the court session started, he asked to use the toilet and was led out of the dock by guards.
When he returned, he had stains on the front of his T-shirt.
Justice See Kee Oon then adjourned the case for measures to be taken to cover up the dock as Isham refused to change out of his clothes.
After the dock was cleaned and covered, Isham was brought back to the court by two guards wearing masks and gloves, but a mild stench pervaded the courtroom.
The judge then reminded Isham of the IMH report, and told him that his conduct in court will go on record.
"Once again, I will warn you that unless there is evidence that you are not in control of your physical or mental faculties, this will all have to be taken into account," said Justice See.
When Isham was asked how he wished to plead to the charges, he mumbled incoherently.
A while later, when the forensics officer who retrieved videos from Isham's mobile phone was on the stand, Isham touched the glass panel in front of him, leaving traces of faeces.
Justice See later asked prosecutors whether there was a need to consider charges against Isham, noting his "clearly contemptuous" behaviour in court despite the warning.
The judge also suggested additional measures to restrain him from his "antics", adding that the faeces on Isham's T-shirt seemed "deliberate".
Isham is charged with sexual offences against two unrelated victims in separate incidents after luring them to his Jurong West flat, where he lives alone.
He allegedly raped the girls and forced them to perform oral sex on him while recording the acts on his phone.
He allegedly raped the first victim on Oct 15,2017, after offering her $150 (RM453) to clean his flat.
They did not know each other up till a month earlier when Isham sent her a text message. He had her number because her friend had used his phone to call the girl.
Isham threatened to call his gang members if she refused his demands, Deputy Public Prosecutor James Chew told the court.
After the abuse, he took her back and gave her a helmet, a Bluetooth earpiece and $20 (RM60).
He allegedly raped the second victim on Oct 29,2017, after they were introduced at the void deck of a block of flats.
Isham asked her to look after his flat, saying he would buy her a mobile phone in return.
He threatened to call his friends to gang-rape her if she did not comply.
He also threatened to expose the videos if she told anyone what happened.
He then sent her home on his motorcycle and gave her $20 (RM60).
In the early hours of Nov 3,2017, he approached her on the pretext of talking about the earlier incident and allegedly raped her again after taking her to his home.
The trial continues. – The Straits Times/Asia News Network