KUALA LUMPUR: The Johor Baru High Court acquitted and discharged (AnD) a 21-year-old youth, who was charged with raping a girl aged 14 at an palm oil plantation in Kulai, Johor four years ago.
Judge Datuk Abu Bakar Katar said this in his grounds of judgement following a record of proceedings review held by the court.
This came after it was highlighted that the trial had been conducted without the presence of two advisors.
The trial, held at the Court For Children in Kulai (MBKK Kulai) , was without two advisors while the prosecution had called three witnesses to testify.
The accused, then aged 18, pleaded not guilty to raping the girl at about 8am on June 5, 2020.
He was accused of the act after going jogging with the victim and instead of sending her home, had gone to a palm oil plantation and asked to be intimate.
The girl refused but he had pulled down her track pants and raped her before sending her home.
On July 3 last year, the deputy public prosecutor handling the case withdrew the charge under Section 254 of the Criminal Procedure Code.
It saw the magistrate issuing the AnD order on the accused.
Judge Abu Bakar said the court was satisfied that the proceedings, without the presence of two advisors, was unaffected.
"The AnD order given by the MBKK Kulai is not tampered with and it is confirmed," he said.
He added that under Section 11(4) of the Child Act 2001, advisors will only play their role to give views after MBKK makes a decision.
"During a trial before MBKK, the advisors cannot interfere in the trial process as stipulated in the Act.
"MBKK will decide whether the offence have been proven by the prosecution or otherwise," he said.
He also ruled that an on-going trial involving an 18-year-old youth accused of raping a 13-year-old girl in Kota Tinggi in 2020, which was also held without the attendance of two advisors, to proceed.
It will be mentioned on Jan 15.
He said the trial at the MBKK Kota Tinggi where four prosecution witnesses had testified would not affect the proceedings.
"The court decided that the proceedings are valid.
"The trial is to continue with a replacement magistrate and the Section 261 of Criminal Code Procedure provision (change of magistrate during hearing) must be adhered to," he said as the previous magistrate had been transferred to the Melaka High Court.
In both cases, both accused were called child offenders.
The prosecution submitted to the court that the presence of two advisors was not needed throughout the trial as their roles will only begin once MBKK decides on the conviction.
It also said in that in both cases, the trials were not rendered invalid even without the two advisors.
The prosecution was conducted by deputy public prosecutor Khairuddin Khalid.
The two youths were represented by Fatanah Nur Humairah Zainal Abidin and Muhammad Faizzudin Abd Ra'fik.
Rosli Kamaruddin and Muhammad Zahier Rosli acted as 'amicus curiea' (friend of the court) in the proceedings.
