After urinating before judge last year, man facing rape charges now soils himself in court

After urinating before judge last year, man facing rape charges now soils himself in court

High Court Supreme Court 03
File photo of the Supreme Court in Singapore (Photo: Jeremy Long)

SINGAPORE: A man facing rape charges defecated in his pants on the way out of court to the washroom, smearing it on his shirt and leaving the courtroom with a sour smell in acts the judge called "malingering".

Isham Kayubi, 49, was taken to court on Tuesday (Jan 14) to face four charges of rape and two charges of sexual assault committed against two victims aged 14 at the time.

In his previous hearing in August last year, he urinated and flashed his penis in court.

The judge adjourned the hearing and he was taken for psychiatric assessment, which found him to be mentally sound.

On Tuesday, the hearing was delayed for more than an hour after Isham said he wanted to go to the toilet, soiling himself on the way. 

He refused to be changed, and returned to court where he sat on a plastic sheet, flanked by officers with masks and gloves on.

Deputy Public Prosecutor James Chew said Isham should be issued a warning, asking him to refrain from any acts to obstruct further proceedings.

Justice See Kee Oon, who noted the morning's happenings with a grim face, said: "I also wanted to ascertain, just to be totally fair to the accused, that he has not exhibited any issues of control over his bowels."

The court heard that Isham gave no such indication, and there was no evidence of such issues.

"Now we have waited for over an hour to commence this trial today," said the judge. "I am still prepared to give you the benefit of doubt. I have asked the deputy public prosecutor to ascertain if there are any biological issues that need to be addressed, whether medically if there are issues that affect control of your bowels. I do not have any evidence of that at this stage."

When asked by a court interpreter whether he pleaded guilty or claimed trial, the unrepresented Isham said nothing, as he had previously done at last year's hearing.

"We will proceed on the basis that he is claiming trial," said the judge.

The judge said Isham's acts were "clearly contemptuous" and said relevant charges against him should be considered.

He asked the prison officers to check if the shackles Isham had on were sufficient to "prevent further antics of this nature".

“I cannot see how it is possible that faeces accidentally got onto his shirt. That appears to be deliberate in nature unless I am advised otherwise," said the judge.

HE ALLEGEDLY LURED TWO 14-YEAR-OLD GIRLS TO HIS HOUSE TO RAPE THEM

According to the prosecution's case, Isham was a part-time food deliveryman when he committed "a series of heinous sexual offences" against the two teenagers in a short span of time.

He lured the two girls to his house on false pretences, where he raped them, forced them to fellate him, and filmed the process, said Deputy Public Prosecutors James Chew and Jane Lim.

He is accused of raping one victim twice, on Oct 29, 2017, and Nov 3, 2017, after being introduced to her through an unidentified person at a void deck of her boyfriend's HDB block.

The girl agreed to help house-sit for him in return for a free mobile phone, and Isham took her back to his home on his motorcycle.

However, once there, he allegedly forced her to perform oral sex on him and raped her, threatening that he would call his friends to "gang-bang" her if she refused.

He filmed the assault on his phone and told her he would leak the videos if she told anyone about it, before sending her home with S$20.

APPROACHED THE SAME VICTIM AGAIN A FEW DAYS LATER

He approached the girl again in November 2017, approaching her with a long wooden object.

He said he wanted to talk to her about the events of their earlier meeting, before taking her home where he raped her again, said the prosecution.

The second victim had received a text message from Isham in September 2017, with Isham saying he had seen her at a birthday party, said the prosecutors in their opening address.

He offered the victim S$150 to clean his house, and took her home on his motorcycle when she agreed.

He raped her in his home and forced her to fellate him, again threatening to call his gang members if she refused.

He sent her home after with a helmet, a Bluetooth earpiece and S$20.

The prosecution intends to present video evidence retrieved from Isham's mobile phone of the attacks, as well as evidence from the first victim's boyfriend.

Forensic and DNA evidence will also be presented over the trial, showing that semen matching Isham's DNA profile was found in swabs from the first victim.

The trial continues in the afternoon, with the judge urging the court to have Isham changed out of his soiled clothes during the lunch break. 

Isham had also smeared some of his faeces on the glass panel in the court during trial proceedings, with the judge asking the court interpreter if she would like a face mask.

If found guilty, he could be jailed for up to 20 years and fined or caned for each charge of rape.

Source: CNA/ll

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