Fadley Faisal

A serial rapist was sentenced to 25 years and six months’ imprisonment, after he was found guilty of raping his grandniece.

The 51-year-old defendant, whose name has been withheld to protect the victim’s identity, was convicted on August 31, after he went on trial for a charge under Section 376 (3) (c) of the Penal Code of raping a minor who was only nine years at the time.

The incident occurred on October 8, 2017, at a house in which the defendant resided together with his grandniece.

During the trial, Deputy Public Prosecutors Siti Nurjauinah binti Haji Kula and Nurul Fitri binti Kiprawi called in nine witnesses, including the victim herself, to prove the charge against the defendant.

Evidence adduced during the trial showed that the defendant had bound the victim’s hands from behind and covered her mouth with a pillow, while he raped her. The defendant elected to give evidence, but did not call in any witnesses.

High Court Justice Pengiran Datin Paduka Hajah Rostaina binti Pengiran Haji Duraman convicted the defendant of the charge, on finding that the prosecution had proven its case beyond the court’s reasonable doubt, while dismissing the defendant’s version of events.

For sentencing, the prosecution urged the court to hand down a deterrent sentence.

The Deputy Public Prosecutor informed the court that the defendant had previous convictions for rape in 1994 and 2008, making him liable to imprisonment for a term of not less than 20 years and not more than 50 years, in addition to not less than 20 canings.

The prosecution also highlighted the aggravating factors of the case, as there was a gross abuse of trust in the defendant being a granduncle to the victim and the girl’s tender age.

The prosecution further submitted that by claiming trial, the victim had been subjected to relive the incident, when she testified in court through a video link.

Having heard the submissions by the prosecution and the mitigation forwarded by the defendant, Justice Pengiran Datin Paduka Hajah Rostaina sentenced the defendant to 25 years’ imprisonment and an additional six months, in lieu of caning, as the defendant is over 50 years.

The offence was committed shortly after the defendant’s release from prison for a previous rape conviction, and it was brought to the attention of the Women and Children Abuse Investigation Unit of the Royal Brunei Police Force (RBAF).

Under the current law, whoever commits rape when in a position of trust or authority towards a girl under the age of 14, will be punished with a minimum sentence of 15 years’ imprisonment and not less than 12 canings.

The law also provides an enhanced punishment for repeat rape offenders, which is a minimum sentence of 20 years and not more than 50 years, in addition to not less than 12 canings.