Trans Woman Acquitted Of Robbing Cop In Sabah, Lawyer Says Police Report Was ‘Dishonest’ Or False

By Lara Kramer  •  14 Sep 2022 in News

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Yesterday (Sept 13), the Sessions Court acquitted 23-year-old transgender woman Nidsmar Jamal, who was charged with robbing L/Kpl Abang Rudy Eswandy Naim, 45, on June 17 last year at around 2.30pm, on the 3rd floor of a building near Restaurant Abang J in Bandaran Berjaya.

Sessions Court judge Ummu Kalthom Abd Samad did so without calling her defence, claiming that upon reviewing all of the evidence, the prosecution failed to prove a prima facie case against the accused and the charge framed against her.

The judge also requested that Nidsmar’s bail be refunded if the prosecution does not file an appeal.

If convicted, the charge under Section 392 of the Penal Code carries a maximum sentence of 14 years in prison, as well as a fine or whipping.

The accused was represented by defence counsel Datuk Seri K. Rakhbir Singh, whereas the prosecution was headed by deputy prosecutor Adibah Saiful Bahri. At the time of the incident, Rudy was assigned to the Karamunsing police station in Kota Kinabalu. He is currently assigned to the police district of Kuala Lumpur International Airport.

The prosecution had called seven witnesses to the case, which began on January 28 and ended on March 31.

Rakhbir contended in his submissions that Rudy’s police statement was “dishonest,” because the latter had stated to the court during cross-examination that he wasn’t certain that the report was deceitful or factually inaccurate.

As reported by The Star, when Rakhbir questioned Rudy if the report was untrue during cross-examination, he replied, “I am not sure.”

Rakhbir also alleged in his submissions that the police officer had sought Nidsmar for her “services” at his private room on the third floor of Bandaran Berjaya after a WeChat conversation.

In court, Rudy had confessed to deleting his WeChat texts during the course of the trial, according to Rakhbir.