Rape victim's evidence 'unreliable', says defence

Rape victim's evidence 'unreliable', says defence
Bridge at Kallang Bahru where the alleged rape took place.

In their final submissions yesterday, the defence lawyers in an alleged rape case at a Kallang Bharu bridge two years ago questioned the credibility of the alleged victim.

They told the court that her injuries did not correspond to her version of events, that she had a selective memory and could not remember many details of what happened, and that part of her testimony did not make sense.

The then-34-year-old woman told the court last week that she was struggling when storeman Haliffie Mamat, 24, allegedly raped her in his car. She also said that he kicked her out of the vehicle by her right hip after the alleged rape.

The lawyers for Haliffie - who claims he had consensual sex with the alleged victim - said that she should have suffered some bruising or injuries to her private parts or hip under such circumstances.

But that was not the case when she was examined at two hospitals shortly after the incident.

Lawyer Lionel Leo told Justice Kan Ting Chiu: "No such injuries were documented in the medical reports from Changi General Hospital (CGH) and KK Women's and Children's Hospital (KKH) or in the photographs taken by the police."

UNRELIABLE

"(Her) evidence... is unreliable," said Mr Leo.

In the submission, Mr Leo also said that during her cross-examination, the woman could not remember multiple details of what happened on the day of the alleged offences.

He cited 21 instances when she could not recall.

He said: "She could not remember what the car looked like (and) she could not remember what she told the doctors at CGH and KKH.

"However, (her) memory was selectively good when it came to matters which supported her account of what happened."

Mr Leo added that there were also parts of her evidence that did not make sense.

He said: "(Her) evidence that she did not call a taxi even though she had waited for an hour for a taxi is incredible.

"This is especially since she admitted that she knew how to call for a taxi and that she would usually go home from Clarke Quay after clubbing by taxi."

Mr Leo also pointed out that the alleged rape took place in an open area and if Haliffie had intended to commit rape, it was not a good location.

He said: "It is...well lit on a main road, such that cars would be driving by, next to a walkway such that people might walk by and with an HDB estate just in front."

The prosecution, made up of Deputy Public Prosecutors S. Sellakumaran and Crystal Tan, will present their submissions today.

Evidence ‘riddled with gaps’

She accuses storeman Haliffie Mamat, 24, of raping her and testified in court last week.

But yesterday, one of his lawyers, Mr Lionel Leo, said her evidence was “riddled with gaps” and pointed out 21 instances when she could not remember details about what happened on the day of the alleged rape.

Ten of the things she could not remember:

- what her alleged rapist looked like

- what his car looked like

- what route he took to Kallang Bahru

- whether the car in which she was allegedly raped was big or small

- whether she took her shoes off in the car

- whether her alleged rapist ejaculated inside her

- whether he got back into his seat after sex

- how many times he kicked her to eject her from the car

- what she told the police when she was first taken to a police station

- what she told doctors at Changi General Hospital and KK Women’s and Children’s Hospital, where she was examined 

About the case

He saw her waiting for a taxi by the roadside at River Valley Road at about 5am on May 4, 2013, and offered her a ride in his car.

The woman, 34, who had been drinking alone at Clarke Quay, accepted the offer.

But instead of sending her home as he had promised, storeman Haliffie Mamat, 24, drove her to a bridge in Kallang Bahru, where he allegedly robbed and raped her.

The prosecution said the woman had waited for a cab for about an hour when Haliffie pulled up.

She dozed off after getting into his car and woke up when they stopped on the bridge.

The prosecution said Haliffie stopped her from alighting and threw her handbag onto the back seat. He then allegedly raped her.

After he was done, he got back into the driver's seat and drove for a short while before he kicked the woman out of the car.

He is also allegedly robbed her of her Louis Vuitton handbag, containing items including two mobile phones, about $300 and a bottle of Bvlgari perfume.

If convicted of rape, Haliffie can be jailed up to 20 years and receive at least 12 strokes of the cane. If convicted of robbery, he can be jailed up to 14 years and receive at least 12 strokes of the cane.


This article was first published on May 26, 2015.
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