Ex-Cop Accused Of Raping 2 Women During MCO Told To Pay RM820K For 'Non-Consensual Sex'
In 2020, he was charged with trafficking, sexual exploitation, and nine counts of rape. However, he was freed of all charges at the end of the defence case in 2023.
Hazrul Hizham Ghazali, a former Petaling Jaya inspector who was charged with raping two Mongolian women in April 2020 while on duty, has been ordered to pay RM820,000 to the victims for 'non-consensual sex'
High Court Judge Dr John Lee Kien How @ Mohammad Johan Lee made the verdict after hearing a civil lawsuit filed by the victims against the former senior police officer, reported the New Straits Times.
The judge heard the two plaintiffs' testimonies against Hazrul over the incidents that occurred in two separate rooms at a hotel in Petaling Jaya between 10 and 11 April 2020, during the movement control order (MCO).
"The women testified they met Hazrul when they were stopped at a roadblock in Petaling Jaya on 10 April 2020. Both women were ordered to exit their car and were taken to a nearby police tent before Hazrul brought them to separate hotel rooms. Hazrul engaged in non-consensual intercourse with both plaintiffs.
"After considering the undisputed and unchallenged testimony of the witnesses and the submissions, I have found that the plaintiffs have proven that the defendant (Hazrul) had non-consensual intercourse with both plaintiffs, at least six times with one of the women and twice with the other woman," said Lee.
For context, while Hazrul was charged under Section 376 of the Penal Code for rape, the term "non-consensual intercourse" is used for civil court cases, whereas "rape" is reserved for criminal court cases.
The judge ruled that Hazrul failed to rebut the testimonies of the two victims because he did not turn up for the full court hearing last year
According to Lee, Hazrul, who has been unrepresented since his lawyers discharged themselves from acting for him, was absent at the full trial despite having been duly informed, reported Bernama.
"As per the strict instruction issued by the court, the trial proceeded accordingly and at the end of the trial, the plaintiffs filed their written submissions to the court," the judge was quoted as saying.
Counsel Nathalie Annette Kee Xuan Li appeared for both women, with one of them present online via Zoom.
Hazrul gestures as he arrives at the Klang Session’s court ahead of the trial in April 2020.
Image via Faiz Anuar/New Straits Times
The former inspector has been ordered to pay RM460,000 to the first woman, and RM360,000 to the second woman
The court also awarded RM20,000 to each plaintiff as the cost for the case.
Yesterday's civil verdict comes after a long-fought battle by the two Mongolian women since they filed civil suits against Hazrul on 23 April 2020 to seek damages over the alleged illegal detention and rape.
However, in December 2020, Hazrul convinced the civil court to impose a deposit of RM70,000 "security for costs" against one of the plaintiffs because she was a foreigner, leading to the suit being struck out when she could not pay. The judge also ordered the woman to pay RM6,500 as a cost to Hazrul.
In January 2021, law firm Thomas Philip, representing one of the victims, launched a crowdfunding campaign to raise RM46,500 to help her re-file her civil suit against the former cop.
According to Reuters, this is the first case of its kind in Malaysia, where a woman had to crowdfund to mount a sexual assault case against her alleged rapist and have her day in court.
She managed to raise the funds by February 2021.
The victim then appealed to the Court of Appeal, and in June last year, the Court of Appeal overturned the lower court's decision to impose the RM70,000 deposit and sent the lawsuit back to the High Court.
Meanwhile, Hazrul has been acquitted of all criminal charges
Under the criminal charges, framed under Section 376(2)(f) of the Penal Code and Section 13(f) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, Hazrul faced up to 50 years in jail.
However, he was discharged and acquitted of the charges at the end of the defence case last year.
If you or someone you know may be at risk or has experienced sexual abuse or assault, please reach out to these Malaysian organisations:
1. WOMEN'S AID ORGANISATION (WAO)
Operating hours: 24-hour
Contact: +603-30008858
SMS/WhatsApp: +6018-9888058
Website | Facebook | Twitter
2. ALL WOMEN'S ACTION SOCIETY (AWAM)
Operating hours: Monday to Friday (9.30am - 5.30pm)
Contact: +603-78770224
WhatsApp/Telegram: +6016-2284221 | +6016-2374221
Email: telenita@awam.org.my
Website | Facebook | Twitter
3. WOMEN'S CENTRE FOR CHANGE PENANG (WCC PENANG)
Operating hours: Monday to Friday (9am - 5pm)
Contact: +604-2280342 | +604-3988340
WhatsApp: +6011-31084001 | +6016-4180342
Email: wcc@wccpenang.org
Website | Facebook | Twitter
4. SARAWAK WOMEN FOR WOMEN SOCIETY (SWWS)
Operating hours: Monday (7pm - 9pm),Tuesday to Thursday (9.30am - 11.30am), Saturday (2pm - 4pm)
Contact: +6082-368853
SMS/WhatsApp: +6016-5822660 | +6013-8044285
Email: sarswws@gmail.com
Website | Facebook | Twitter
5. SABAH WOMEN'S ACTION-RESOURCE GROUP (SAWO)
Operating hours: Monday to Friday (9am - 5pm)
Contact: +6088-280200 | +6011-27908020
Email: sawo.women@yahoo.com
Website | Facebook | Twitter
6. PROTECT AND SAVE THE CHILDREN (PS THE CHILDREN)
Operating hours: Monday to Friday (3pm - 12am)
WhatsApp: +6016-7213065
Email: protect@psthechildren.org.my
Website | Facebook | Twitter
7. INTERNET WATCH FOUNDATION (IWF)
Anonymously and confidentially report child sexual abuse content and non-photographic child sexual abuse images with IWF's Reporting Portal.
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