Mohammad Al-Saifi (second left) together with (from left) Muhammad Nor Sallihin, Rushan Kumar and Danial in a photo call after yesterday’s hearing.
Gurvir (left) speaks to his client Edmund at the court after yesterday’s hearing.
MIRI: The Sessions Court here yesterday set March 10 for pre-trial case management of two police corporals charged in connection with the rape of a minor by a detainee at the Miri Central Police Station lockup last month.
Brase Omang, 54, and Edmund Jali, 44, were each allowed to be released on extended bail of RM10,000 with two local sureties pending the date.
The two policemen were charged under Section 31(1)(a) of the Child Act 2001 which carries a fine not exceeding RM50,000 or imprisonment of up to 20 years, or both, upon conviction.
Based on the facts of the case, the two accused were responsible for the 16-year-old victim who was being detained at the lockup after her arrest for alleged involvement in illegal gambling activities.
They had allegedly allowed the cell of a detainee, Zuraini Razzi Ranni, to remain unlocked and for him to have access to the key of the victim’s cell.
The offence was allegedly committed between 10.51pm on Jan 8, 2021 and 6.50am on Jan 9, 2021.
Both accused also face an alternative charge under Section 166 of the Penal Code, for deliberately violating the legal instructions while on duty as civil servants by leaving Zuraini’s cell unlocked which violated his remand order dated Dec 31, 2020, at the same time and place.
The section provides for up to one year in jail or fine, or both, upon conviction.
Earlier, Sarawak Director of Prosecution Mohammad Al-Saifi Hashim informed the court that defence counsels Ranbir Singh and Gurvir Singh, who are representing Brase and Edmund respectively, are also representing Zuraini.
Mohammad Al-Saifi asked the court to look into the matter as there could be conflict of interest because both Brase and Edmund will become prosecution witnesses in Zuraini’s case, and vice versa.
He questioned how the defence counsels were going to cross-examine their own clients later, unless they choose to represent one party only.
Other members of the prosecution team are deputy public prosecutors Muhammad Nor Sallihin Salleh, Danial Ilham and Rishan Kumar Ragandaran.