Duo acquitted of causing grievous hurt to teen who suffered spinal fracture
SINGAPORE — Two men accused of causing grievous hurt to a 16-year-old girl who suffered from a spinal fracture were acquitted after a trial at the State Courts on Wednesday (17 April).
Muhammad Khalis Khairi, 28, and Rushdi Rosli, 29, were also found not guilty by District Judge John Ng of wrongfully restraining the victim, who cannot be named due to a gag order.
Rushdi was acquitted of a third charge of causing alarm to the victim by threatening behaviour.
A third man, Aminnuddin Siregar Aminullah Siregar, 32, was jailed for 10 years with 12 strokes of the cane last year for the assault as well as drug consumption.
On the evening of 20 April 2017, Aminnuddin used a 75cm-long metal pole to hit the victim. He also punched, kicked and slapped her during the one-hour assault.
The victim was found seriously injured by passers-by at a void deck early the next morning. She was placed in an intensive care unit at a hospital for three days.
In acquitting the duo, the judge found that the victim’s statements to the police and testimony at trial were riddled with inconsistencies.
All four were connected with illegal drug activities. Aminnuddin was a drug trafficker and the victim herself was a drug courier. At the time of the assault, she was under the influence of drugs which might have induced hallucinations.
Furthermore, Aminnuddin’s statements implicating Khalis and Rushdi were made with the intention of shifting his culpability to the duo, the judge found.
“It is trite law that the burden is not on the defence to prove the innocence of the accused persons. Or to prove that the evidence of the victim is false. So long as there is a reasonable basis to say that the victim might not have been able to give a true or accurate account of the alleged offences, it would be sufficient to raise a reasonable doubt of the prosecution’s case,” said the judge.
Judge Ng commended pro bono lawyers Sadhana Rai and Soo Bei Han, who represented Rushdi, but whose work also helped Khalis. He also thanked the prosecution for being even-handed and fair in prosecuting the case.
“The victim had suffered much at the hands of Amin who is currently undergoing punishment for his vicious acts of violence on her. The last thing to be said is that the abuse of controlled drugs was the source of the troubles experienced by the victim, Khalis and Rushdi, and even Amin,” he added.
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