Teen Lockup Rape Suspect Retracts Guilty Plea 2 Cops Charged For Negligence

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Two police officers have claimed trial to a charge of negligence over the rape of a 16-year-old girl who was under their custody at the Miri central police station in Sarawak last month.
The suspected rapist - who was a fellow detainee - has also retracted his guilty plea, according to the victim's lawyer Alan Ling.
The accused is being represented by the same lawyers as the police.
Ling, who is a DAP Senator, said Brase Omang, 55, and Edmund Jali, 44, were on duty when the rape occurred.
They were charged under Section 31 (1) of the Child Act 2001 at the Magistrate Court in Miri today.
This section makes it an offence for any person to allow a child under their care to be exposed to abuse. The law provides for a fine of up to RM50,000, up to 20 years imprisonment, or both.
They pled not guilty and were granted undeposited bail of RM10,000 with one local surety each.
The duo also faces an alternative charge under Section 166 of the Penal Code, which states that public servants convicted of causing injury to any person due to disobeying directions of laws could be jailed up to one year, fined, or both.
Brase was represented by counsel Ranbir Singh Sangha, while Edmund was represented by Gurvir Singh Sandhu.
The prosecution was carried out by four deputy public prosecutors namely Musli Abdul Hamid, Nurfadlin Mahmad Zulhasnan, Danial Ilham, and Rishan Kumar Ragandaran.
The magistrate Md Syafique Md Hilmie fixed Feb 22 for the next mention of this case.
Alleged rapist changes plea
Meanwhile, the 19-year-old suspect who initially pled guilty to the rape retracted his plea and claimed trial to the charge today.
He was represented by Ranbir and Gurvir.
Malaysiakini is withholding the suspect's name to protect the victim's identity.
The Sessions Court was supposed to deliver its verdict today after examining the suspect’s social report.
However, no sentence can be meted out today due to the change of stance by the 19-year-old, who is classified as a "youthful offender" under the Criminal Procedure Code (CPC).
Bail was set at RM15,000 with RM4,000 to be deposited by two local sureties.
He was ordered not to disturb the victim and her family during this period and has to report to the Miri Central police station once in two weeks.
Sessions Court judge Jason Juga fixed March 10 for case management.
Under the CPC, a judge has the discretion to change the penalty for youthful offenders to a discharge after due admonishment, be surrendered to a parent, relative, or guardian to ensure the offender's good behaviour for up to 12 months, or ordered to carry out community service for up to 240 hours.
A male youthful offender can also be whipped by up to 10 strokes of a "light cane".
Ling and another of the rape victim’s lawyers Lawrence Low held a watching brief for the teen.
On Jan 16, Ling revealed that the 16-year-old girl was raped by the 19-year-old youthful offender while in police custody at the station.
The victim claimed, in her police report, that the cell of the male lockup was not locked.
She claimed the accused unlocked her cell door in the early hours of Jan 9 and proceeded to rape her in the lockup's toilet.
The 19-year-old suspect pled guilty on Jan 12, before changing his plea today.
Brase and Edmund were also suspended from duty over the incident. - Mkini

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