The High Court has mandated that a former police officer pay RM820,000 to two Mongolian women for non-consensual intercourse in separate hotel rooms during the Movement Control Order (MCO) four years ago.
Judge John Lee Kien How @ Mohd Johan Lee concluded that the plaintiffs, the two Mongolian women, successfully proved their case against Hazrul Hizham Ghazali, 34, based on the balance of probabilities.
“Considering the undisputed and unchallenged testimonies of the witnesses and the submissions, I find that the plaintiffs have proven that the defendant (Hazrul Hizham) had non-consensual intercourse with both plaintiffs, at least six times with one and twice with the other,” stated Lee.
The court awarded the first plaintiff, one of the Mongolian women, RM460,000 in total damages. This sum includes RM260,000 for general damages covering battery (inclusive of non-consensual sexual intercourse), sexual harassment, and false imprisonment, along with RM200,000 for aggravated and exemplary damages.
The second plaintiff received a total of RM360,000, which includes RM160,000 for general damages for battery (inclusive of non-consensual sexual intercourse) and false imprisonment, plus RM200,000 for aggravated and exemplary damages.
Additionally, the court awarded RM20,000 to each plaintiff to cover the costs of the case. Judge Lee noted that the defendant had been unrepresented since his former solicitor withdrew and that he was absent during the trial despite being duly informed by his previous solicitor.
“Following the strict instructions issued by the court, the trial proceeded accordingly, and at the end, the plaintiffs submitted their written submissions,” Lee said.
In 2020, the defendant was charged with two counts of trafficking the two Mongolian women for sexual exploitation and nine counts of rape and intending to outrage their modesty. However, he was acquitted of all charges at the end of the defense case last year.
According to the facts read out by Judge Lee, the two Mongolian women were stopped by the defendant at a roadblock in Petaling Jaya, Selangor, during the MCO on April 10, 2020. They were instructed to exit their vehicle and were taken to a nearby police tent before being transported to a hotel in Petaling Jaya.
At the hotel, the defendant took the two women to separate rooms and had non-consensual intercourse with them between April 10 and April 11, 2020.
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