Kota Kinabalu: A 24-year-old undocumented Filipino was sentenced to 12 years’ jail and ordered five lashes of the cane by the Sessions Court here for committing physical sexual assault against an underage Filipina.
Unemployed Najmi Tangan pleaded guilty before Judge Amir Shah Amir Hassan to touching the whole body of the paperless victim, 15, for sexual purposes at 4 pm on May 23, this year in an empty house near the Wholesale Market, Jalan Pintas Penampang, Penampang.
Deputy Public Prosecutor (DPP) Dacia Jane Romanus informed the court that prior to the incident Najmi acquainted with the victim’s parents around May where he had claimed that he was a cousin of the victim’s father from the Philippines.
Three days before the incident, Najmi contacted the victim’s mother and offered the victim a job at a grocery shop with a salary of RM1,200 and the mother then gave his number to the victim.
Najmi told the victim to get pocket money from her mother, who then gave her RM50 before Najmi ordered her an e-hailing taxi which then ferried her to Plaza 333, Penampang instead of going to Imago Mall as told by Najmi earlier, and met Najmi there.
Najmi brought her to the wholesale market area telling her that the grocery shop was located there.
The victim was, however, brought to an empty house where Najmi told her that he wanted to have sex but the victim refused.
Najmi tried to undress the victim but she fought and was punched repeatedly on her face and chest until she was weak.
Najmi then undressed himself and touched the victim’s whole body and tried to undress her but she fought and was then punched in the stomach until she passed out.
When the victim woke up, she was left alone naked and found her cell phone and pocket money were missing, said the prosecution.
The victim wore her clothes and walked barefooted towards the wholesale market for help where a woman, who saw her crying and in an unmanageable state with bruises on her mouth and head, helped her.
The court heard that Najmi was arrested by police on May 27 in Keningau.
Unrepresented, Najmi applied for the sentence to run from the date of his arrest.
Dacia applied for a deterrent sentence on the grounds, among others, that it was an organised crime and that Najmi took advantage of the victim’s parents’ trust in him in bringing the minor in seeking for a job.
“We acknowledge that he pleads guilty at first instance, but this should not act as a discount, the sentence imposed should reflect the public disapproval of such heinous crime and offence.
Justice should be served not only to documented victims but also to undocumented,” submitted Dacia.
The prosecution also informed the court that Najmi is currently serving four months’ jail for staying in the State illegally.
Amir ordered Najmi to serve the sentence from Thursday.
Najmi was charged under Section 14(a) of the Sexual Offences against Children Act 2017 which provides for a jail term of up to 20 years, and whipping, on conviction.
