Kota Kinabalu: A 39-year-old blind man pleaded not guilty at the Sessions Court to committing sexual assault against his niece.
The man, who was brought before Judge Elsie Primus, allegedly committed physical sexual harassment against the nine-year-old girl in January this year between 6am and 3pm in the living room of a house in Pitas.
The offence, under Section 14(d) of the Sexual Offences against Children Act 2017, provides for a jail term of up to 20 years, and whipping, on conviction.
Elsie set Dec 2 for pre-trial case management (PTCM) and released the accused on a bail of RM15,000 with RM5,000 to be deposited in two sureties.
Earlier, counsel Mohd Ari Nadzrah bin Abd Rahman, representing the accused applied lower bail and told the court that his family was present in court.
Ari also informed the court that the accused worked as a lorry driver before and that he was partially blind after a road accident in 2005 and in 2017 went totally blind which caused him to be jobless.
Deputy Public Prosecutor (DPP) Mas Izzaty Lokman applied for PTCM date.
In another case, a 31-year-old cook was freed from a similar charge against his cousin’s daughter.
Sessions Court Judge Ummu Kalthom Abdul Samad discharged and acquitted the man from the charge without his defence being called.
In delivering the ruling, Ummu held that the court find that the prosecution has failed to make out a prima facie against the accused in the charge.
The man was accused of committing physical sexual harassment against the three-year-old girl between 1am and 10am on July 27, 2019 at Ranau’s village.
The accused was charged under Section 14 (a) of the Sexual Offences against Children Act 2017 read with Section 16(1) of the same Act because he was in a relationship of trust with the child as her uncle.
Section 14(a) of the Act carries a jail term of up to 20 years and liability of a fine on conviction, while Section 16(1) of the same Act, provides for a jail term of up to five years and whipping of not less than two strokes of the cane if convicted.
The prosecution had called eight witnesses.
The accused was represented by counsel Khairudin Noordin.
