Kota Kinabalu: A woman and her male cousin were freed from two charges of committing physical sexual harassment against her two sons without their defence being called.
Sessions Court Judge Elsie Primus discharged and acquitted the 32-year-old woman and 34-year-old man after ruling that the prosecution had failed to establish a prima facie case.
In making the decision, the court had considered the evidence of the prosecution’s witnesses, exhibits tendered in court, submissions by both parties.
The judge said the prosecution failed to prove that there were physical contact against PW4 and PW5 by the woman and the man with sexual purpose or intent.
The court said the prosecution has also failed to prove the element of common intention under Section 34 that both the woman and the man had purpose and intent to physically assault both the alleged victims with sexual purpose.
The court was also satisfied that the prosecution failed to prove a prima facie case on the charges preferred against both the woman and man.
On the first count, the woman as the mother and the man as the uncle, were accused of committing the offence against the four-year-old boy by touching his private part between Sept 1, 2018 and Oct 17, 2020 at a house in Penampang.
On the second count, they were freed from a charge of committing similar offence against the woman’s five-year-old son at the same place and time.
The offence under Section 14(a) of the Sexual Offences Against Children Act 2017 provides for a jail term of up to 20 years, and whipping, on conviction.
Due to the relationship between the man the alleged victim, there is additional punishment under Section 16(1) of the same Act carries a jail term of up to five years, and whipping at least two strokes, on conviction.
The prosecution had called eight witnesses during the hearing.
The court ordered the bail posted by the duo to be refunded accordingly.
Deputy Public Prosecutor (DPP) Jessica Ombou Kakayun stood in for DPP Mas Izzaty Lokman while counsels Edward Paul and Jul Hamri defended the duo.
