SINGAPORE: A judge on Wednesday (April 17) acquitted two men of accusation about an attack on a 16-year-old girl, saying that the story of the victim of the incident was "unreliable."
The victim, whose identity is protected by a toggle, was attacked in a flat for about 12 hours two years ago in an attack that left her with a vertebral fracture and other injuries that led to kidney failure.
A third man, Aminnuddin Siregar Aminullah Siregar, 32, was sentenced in August last year to a 10-year prison sentence and 12 strokes of the cane for the attack.
On Wednesday, District Judge John Ng Amin & two co-accused – 28-year-old Muhammad Khalis Khairi and 29-year-old Rushdi Rosli – did not find guilty, and removed them from charges ranging from causing severe pain with a deadly weapon to the victim's unwilling restraint.
"There is no doubt that the victim was physically seriously injured by Amin," the judge said. "But her memory of Khalis and Rushdi's involvement in inflicting further injuries is highly suspicious."
The judge explained his decision and said that all four were involved in illegal drug activities and that the victim himself was a drug courier.
"The victim also had separate sexual relationships with Khalis and Amin," he said.
"The victim may be only 16 years old at the time of the incident, but she is not a young person who is innocent in her way. She is a drug courier and Amin is a drug trader. That forms the background for this incident to be analyzed. "
At the basis of the trial for Khalis and Rushdi was the question of whether they had joined Amin to further injure the victim.
VICTIM "OUT OF HER SENSES", AMIN HIGH ON DRUGS
The defense had said during the trial that Amin Khalis and Rushdi had told them to pick up the victim from his flat on the day of the incident.
However, when they arrived, Amin pulled them to his flat and locked the gate, the defense said. There Khalis and Rushdi saw "a horrible sight", with the victim "battered unrecognizable", "out of her mind" and repeatedly taking off all her clothes, the defense said.
The defense argued that Amin, who was high on drugs, was paranoid and aggressive and refused to let the Khalis and Rushdi leave the flat.
Although the victim had stated that she was sure she saw two people other than Amin attacking her, the judge found her evidence unconvincing.
The judge said the uncertainties that resulted from the victim's testimony stemmed from the risk of drug-induced hallucinations, since they are a & # 39; cocktail of drugs & # 39; had methamphetamine and codeine in her blood.
There was also eyewitness reports that she had behaved bizarre by removing all her clothes, and & # 39; much unreliability & # 39; and inconsistencies in the victim's various statements.
While Amin made statements involving both Khalis and Rushdi, the judge said it was clear that he had done this to blame them.
"The scattered and incongruent details of what happened on the night of the 20th to early morning hours of April 21, 2017, in the HDB flat unit of Amin, separately by the victim in the hospital, in her various statements to the police and in the courtroom, along with the testimonies of the other witnesses for the prosecution, it meant that it was completely unsafe to convict Khalis and Rusdhi, "the judge said.
THE COURT ESTABLISHED DEFENSE LAWYERS
He praised the Criminal Legal Aid Scheme defense lawyers Sadhana Rai and Soo Bei Han for defending Rushdi, adding that Khalis, who was not represented, also benefited from their efforts.
"This is a good example of how legal aid for an accused person, who otherwise might not have the benefit of a lawyer, enabled the court to come to a judgment that resulted from a careful and correct hearing of the witnesses by the source prepared council, "the judge said.
He added that the public prosecutor was also impartial and fair, and had Rusdhi declared guilty in November last year of a failed charge of meth consumption, for which he received eight months in prison.
Because Rushdi's sentence was traced back to the date of his pre-trial detention, he was released after the hearing on Wednesday.
Apparently relieved and shocked by the verdict, Rushdi told outsiders that he was planning to spend the day with his family before he got a job.
"I have peace now," he said.
Khalis pleads guilty to other unrelated charges on Thursday.