Most Read
Most Commented
Read more like this
mk-logo
News
Lawyer explains acquittal in 'teen rape' case
Published:  May 15, 2015 2:45 PM
Updated: 7:17 AM

The lawyer, who secured an acquittal for Bunya Jalong, 60, who was accused of raping a teenager, has suggested that the public should not underestimate the "guile and craftiness" of teenagers.

According to Borneo Pos t today, lawyer Augustine Liom said the alleged victim created a story of a sexual intercourse at a hotel after she could not explain her pregnancy.

Liom ( photo ) outlined four reasons for this, which was considered by the Court of Appeal in granting Bunya's acquittal.

Firstly, he said the alleged victim's claim of where four incidents of alleged rape took place - a hotel in Sibu - could not be corroborated, nor was she able to name the hotel.

Secondly, he said the alleged victim's claim of when the incident took place was inconsistent.

"It was only when it was discovered on account backwards from her date of delivery that the incident in August 2011 could not have made her pregnant, that she came up with the story of the incidents in May, June and July.

"She had not been straightforward and concealed important matters about the case," said the lawyer.

Third, he said the teenager claimed that she did not report the alleged rape until one month after she had delivered because she did not realise she was pregnant because she continued to have her menses.

Liom said doctors, who testified during the trial, said it was impossible for pregnant women to have menses, unnoticeable abdominal swelling nor unappreciable foetal movement.

"The alleged victim has therefore demonstrably lied," he added.

Family tried to extort money from client

And finally, he said there was also evidence that the alleged victim's family tried to extort money from his client and lodged a police report only after he refused.

"What all these could mean is that being understandably too embarrassed to disclose the incident that had caused her pregnancy, she first told of an incident in August 2011.

"But when that (story) still could not explain her pregnancy she created a story of sexual intercourse in a hotel but when (police) checked the hotel register, (it) did not show she and the accused had been to the hotel.

"So shocking as it may seem, we could just mistakenly underestimated the guile and craftiness of some of our present-day 15-year-olds," he said.

Liom said he was compelled to speak up on the case in order to present a balanced picture relating to the trial, especially since the judges were unable to explain their decision in detail.

"In fairness to them, they did, before pronouncing their verdict and after a lengthy deliberation, expressed in the hearing of all those in open court, that they found the case very disturbing that a young girl got pregnant through a non-sexual intercourse activity

“But our law being such that sexual intercourse means only penile penetration their hands are tied and they could only leave it to the legislators to effect any amendments to the law if deemed necessary," he added.

ADS