By Alric Lindsay
Pulmurugan Paulraj, a bartender at the Foundry bar in Grand Harbour, appeared in the Summary Court yesterday, December 12, 2024, for an initial appearance by videolink to face an allegation of rape which allegedly occurred in the vicinity of Queens Court Plaza, West Bay Road. Paulraj made a further appearance in the Grand Court by videolink today, December 13, 2024. No pleas were entered by Paulraj today, as his lawyer indicated that Paulraj does not yet have legal aid.
Background
The background is that the alleged rape victim celebrated her 24th birthday on December 8, 2024, and decided to go out on the afternoon of December 9, 2024, with her friend visiting from the United Kingdom, who also happened to be celebrating a birthday.
Allegedly, the celebrations started with drinks before 5:30 pm when the ladies met at the home of one of the ladies. Reportedly, they had a few mixed drinks there before heading to the Foundry bar in Grand Harbour. This is where Paulraj works as a bartender.
Reportedly, Paulraj overheard the women discussing a birthday celebration and gave them complimentary shots of Tequila. Reportedly, Paulraj mentioned to the women that he had tickets to the Seven Mile Lounge (formerly known as the O-Bar).
It is said that the women left the Foundry bar around 6:30 pm and drove back home where they chilled out and listened to music before leaving for the All Stars Sports Bar & Grill at about 8:40 pm. (All Stars Sports Bar & Grill is in Queen’s Court on West Bay Road next to Seven Mile Lounge.)
Reportedly, when the two ladies arrived at All Stars Sports Bar & Grill around 9 pm, they had mojitos and played darts and pool.
Paulraj allegedly showed up at All Stars Sports Bar & Grill around 11 pm, which was reportedly a surprise to the alleged victim. The three played pool for a while before visiting the Seven Mile Lounge.
Before going to the Seven Mile Lounge, everything allegedly started to seem hazy for the alleged victim. Based on her account, she was unsure if this was triggered by the amount of alcohol she had consumed or if it was a result of that specific shot that Paulraj gave her.
Reportedly, the alleged victim told her friend that she felt uncomfortable with Paulraj and that he allegedly kept insisting on taking her to his house.
At some stage, it is said that the alleged victim’s memory failed, and Paulraj allegedly kissed the alleged victim. Based on her account, she tried to move him away.
Subsequently, based on the alleged victim’s account, she and her friend had lost sight of each other, and the alleged victim was searching for her friend, who was a visitor from the United Kingdom and who did not necessarily know her way around.
Reportedly, Paulraj went downstairs from the club to help the alleged victim find her friend. When they arrived at a black Honda Fit, the alleged victim thought it was her friend’s car since her friend drives the same type of car. The alleged victim got into the car but then realised that Paulraj was trying to take her away rather than help her find her friend.
Reportedly, the alleged victim was seated in the left of the rear seat and Paulraj was sitting to her right.
Allegedly, Paulraj positioned himself between her legs.
The alleged victim was reportedly trying to tell Paulraj to stop. However, she allegedly did not know whether or not he was knowingly ignoring her.
Reportedly, Paulraj placed his knees between her legs with his arms pressing on the windows. He then used his knee to spread her legs easier. She was on her period and was wearing a sanitary napkin as well as a tampon as she has period paranoia that she would bleed through her clothes.
Based on the alleged victim’s account, Paulraj moved her underwear to the side. Allegedly, she doesn’t know where the sanitary napkin (pad) went, but he penetrated her multiple times.
Reportedly, the alleged victim told Paulraj to stop, but he was not listening.
Based on the alleged victim’s account, Paulraj eventually stopped.
During this time, the alleged victim’s friend (who was visiting from the United Kingdom) was reportedly sending messages on Instagram to locate her.
At some stage, the alleged victim’s friend saw Paulraj, who told her that the alleged victim was in his car.
Reportedly, when the alleged victim’s friend arrived at the parking lot, she saw the alleged victim walking towards her. Based on the account, “She appeared nervous and scared and knew something was wrong as her clothes looked dishevelled.” It was allegedly at this stage the alleged victim told her friend she was raped.
Since Paulraj had reportedly left his keys in his car, one of the ladies took the keys to prevent him from leaving the scene. They called 911 and reported the incident to the police. An ambulance arrived and transported the alleged victim to the hospital. Subsequently, the police arrested Paulraj.
Reportedly, photographs were taken by the police showing that the alleged victim had slight bruises to her face, beasts, and left thigh and a more pronounced bruise to the middle of her right leg.
The police interview of Paulraj
When Paulraj was interviewed in the presence of a lawyer on December 10, 2024, he denied the allegation of rape, stating that the lady did not resist him at the material time.
Reportedly, Paulraj’s account is that he met the women where he works as a bartender.
He served them a few shots and invited them to All Stars for an after-party.
Paulraj’s account is that they all went to the after-party, and the alleged victim kissed him at one point. His version of the events is that later that night, she accompanied him to his car in the parking lot, where they had consensual sex in the backseat.
Based on the account given about Paulraj, he indicated that if the alleged victim had shown any signs of resistance, he would have stopped and that she was the one who removed her underwear and held his penis and inserted it into her vagina.
Reportedly, Paulraj further stated that he did not hear the lady telling him to stop, and so he continued until he was tired, and she told him she wanted more.
Next steps
Based on the Grand Court hearing today, where no pleas were entered, it is understood that Paulraj’s lawyer will make a bail application on December 17.
Note to readers:
It must be noted that the above are allegations being put forward by the prosecution. Ultimately, the court or jury must decide on the facts and reach a final determination.
Regarding the allegations, rape is an offence under section 127 of the Penal Code. This states as follows:
Rape
127. (1) A person who rapes another person commits an offence.
(2) A person commits rape if (a) the person has unlawful sexual intercourse (whether vaginal or anal) with another person who at the time of intercourse did not consent to it; and (b) at the time the person knows that the other person does not consent to the intercourse or the person is reckless as to whether the other person consents to it.
(3) A person also commits rape if the person induces another person to have sexual intercourse with them by impersonating their spouse or civil partner.
(4) If, at a trial for a rape offence, the jury has to consider whether a person believed that the person was consenting to sexual intercourse, the presence or the absence of reasonable grounds for such belief is a matter to which the jury is to have regard in conjunction with any other relevant matters in considering whether the person so believed.
(5) In subsection (4) — “rape offence” means a rape or attempted rape, or aiding, abetting, counselling or procuring rape or attempted rape, or incitement to rape.
(6) For the purposes of this section, a person is deemed not to have consented to sexual intercourse if that person’s acquiescence is obtained — (a) by threat of force or use of force; (b) by means of threats or intimidation of any kind; (c) by fear of bodily harm; (d) by means of false representations as to the nature of the act; or, (e) in the case of a married woman, by personating her husband.
(7) On a trial for rape, the jury may find the accused guilty of — (a) sexual intercourse with a girl under the age of twelve years; (b) sexual intercourse with a girl under the age of sixteen years; (c) indecent assault on a person; (d) administering drugs to obtain or facilitate intercourse; or (e) common assault. (8) The use in this Act of the word “man” without the addition of the word “boy” or vice versa shall not prevent the provision applying to any person to whom it would have applied if both words had been used and similarly with the words “woman” and “girl”.
The punishment for rape is covered by section 128 of the Penal Code. This states:
Punishment of rape
128. A person who commits rape is liable to imprisonment for life.
Attempted rape is covered by section 129 of the Penal Code. This states:
Attempted rape
129. A person who attempts to commit rape is liable to imprisonment for fourteen years.