
R Kengadharan said the court’s legal mandate had expired once judgment was delivered.
“In this case, the aggrieved party can only file an appeal to the Court of Appeal,” he said, adding that the woman has 30 days to do so.
The lawyer was responding to calls by two politicians for the High Court to waive the RM70,000 security payment and hear the suit.
Petaling Jaya MP Maria Chin Abdullah and Kampung Tunku assemblyman Lim Yi Wei released a joint statement yesterday, asking the court to reopen the case after it struck out the woman’s suit following her failure to pay the deposit.
Maria and Lim said the striking out of her suit was a disturbing turn of events, as it indicated to other rape victims that they must have at least RM70,000 in their bank accounts to successfully file a suit against their alleged rapists.
“The court’s decision has contributed towards making the reporting process even more overwhelming for victims,” they said.
Kengadharan said Maria and Lim made the statement without fully appreciating the facts and circumstances of the case.
The woman, Nandine, was one of two Mongolian nationals who alleged that they were raped by police inspector Hazrul Hizham Ghazali during the first phase of the movement control order in April last year.
Apart from striking out the suit, Judge Azimah Omar had on Jan 20 also ordered the woman to pay RM6,500 as costs to Hazrul.
Hazrul had applied for the plaintiff to deposit RM70,000 to maintain her action as she is a foreigner.
On Dec 14, Azimah gave Nandine 30 days to raise the RM70,000, failing which her suit was deemed to have been struck out.
Nandine’s lawyer, Thomas Philip, has since launched a campaign to raise funds for a fresh suit to be filed in the sessions court and pay Hazrul the RM6,500.
As of noon today, close to RM30,000 had been raised.
For more information or to make a donation go to https://www.reward.pitchin.my/projects/help-mongolian-rape-victim-get-justice-in-malaysia