MONGOLIAN Nandin-Erdene Khoskhulug’s civil case against former police inspector Hazrul Hizham Ghazali should be reinstated with the court waiving the RM70,000 security payment, said two lawmakers today.

Petaling Jaya MP Maria Chin Abdullah and Kampung Tungku assemblywoman Lim Yi Wei, in a joint statement, said the court should be compassionate towards Nandine-Erdene, who had sued Hazrul claiming sexual assault.

They said it was crucial for Nandine-Erdene to gain access to the justice she deserves and send a message that abuses of power by authorities would be taken seriously by the courts.

Nandine-Erdene and another Mongolian woman were allegedly taken to a hotel and raped by a police officer with the rank of Inspector on April 10, 2020 in Petaling Jaya, during the first phase of the movement-control order (MCO).

While the policeman is facing a criminal trial, Nandine-Erdene had sued him for false imprisonment and sexual assault.

However, the High Court struck out her suit as she could not deposit a RM70,000 payment for security for costs.

The judge also ordered Nandine-Erdene to pay RM6,500 as costs to the policeman.

The legal firm representing Nandine-Erdene is now crowdfunding online to raise RM46,500 to have the matter refiled and heard in the sessions court.

Maria and Lim said this was a disturbing turn of events as it signals to other rape victims that one must pay security deposits to successfully file suits against their rapists.

“Almost a year has passed for Nandine-Erdene, in which she would have been worried about the financial cost as well as relive the trauma of rape.

“It is unfortunate that Nandine-Erdene’s bravery to bring her case to court has now been diminished to one where the victim has to endure a loss of anonymity, shame, possible recrimination and stigmatisation.

“The court decision has contributed towards making reporting processes even more overwhelming for victims.”

They said that the court could be more compassionate and not impose such a high barrier towards alleged victims seeking justice, especially those with little means.

“Ironically, the perpetrator has (an) ongoing criminal proceeding against him, which involves multiple charges for rape, outrage of modesty, and abuse of power in exploiting the women for sexual purposes under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM). This means that this is not a frivolous case.”

Thirty-year-old Hazrul was arrested after police rescued the two women, aged 20 and 37, at a hotel during the first MCO last year.

The two women were arrested at a roadblock before they were taken to a hotel in Petaling Jaya.

The officer was then remanded for five days from April 12 and the case was investigated under Section 376 of the Penal Code for the offence of rape. – January 27, 2021.