Mongolian who claimed sexual assault by cop has to pay RM6,500

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A Mongolian woman who brought a suit of false imprisonment and sexual assault against a policeman will now have to pay RM6,500 as costs to him instead.

The High Court struck out Nandine-Erdene Khoskhulug’s suit against police inspector Hazrul Hizham Ghazali as she could not deposit a RM70,000 payment for security for costs.

Judge Azimah Omar two days ago also ordered Nandine to pay the 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.

(The money will be paid as legal costs to Hazrul in the event the court dismisses Nandine’s suit.)

On Dec 14, Azimah gave Nandine 30 days to post the amount failing which her suit would be deemed to be annulled.

Her lawyer, Mathew Thomas Philip, today launched a campaign to raise funds to have a fresh suit refiled in the sessions court and pay Hazrul the RM6,500.

“We have launched a PitchIN campaign to raise RM46,500 on behalf of the Mongolian national to have the matter refiled and heard in the sessions court,” he said.

The lawyer, who is representing Nandine on a pro bono basis, said while he respects the court’s decision to grant the security for cost application, it should not be a reason to deter sexual assault or rape victims from bringing a civil suit.

“We will not give up on behalf of Nandine and we will refile her action once we have the funds in place,” he said.

In April last year, Nandine filed the suit, seeking declarations that she was unlawfully detained and sexually assaulted by Hazrul during the movement control order.

Last year, she was required to stay in a shelter home for potentially trafficked victims but later returned home.

In a statement through her lawyer, Nandine said she had lost her reputation in Mongolia and has had difficulty getting support even from her family and friends.

“I am having a hard time now, but I don’t want to give up on my civil claim because it would mean giving in to that police inspector,” she said, praying that the public would help her in her legal pursuit.

Hazrul is also facing multiple charges for rape and outrage of modesty of two women in the Petaling Jaya Sessions Court.

He is alleged to have raped two Mongolian women, aged between 20 and 36, in two different rooms at a boutique hotel in Petaling Jaya on April 11.

He is also facing charges for abuse of power in exploiting the women for sexual purposes under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act.

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