TAWAU: A barber was jailed nine years and given four strokes of the cane by the Sessions Court here on Thursday for committing physical sexual abuse by sodomising a 16-year-old boy who was confirmed positive of HIV.
Meruan Daud, 49, pleaded guilty before Judge Ahmad Faizadh Yahaya, admitting that he committed the crime against the victim at his barbershop in Kg Mentadak Baru, Sungai Tamang, Pulau Sebatik, here at noon on March 11.
The offence under Section 14(a) of the Sexual Offences Against Children Act 2017, which carries a jail term of up to 20 years, and whipping, upon conviction.
In his ruling, Ahmad Faizadh stated that the court considered the charge, facts of the case, the nature of the offence, the accused’s plea, as well as the prosecution’s arguments and public interest factors before handing down the sentence.
The court ordered Meruan to serve the jail sentence from the date of his arrest on April 2 and ordered him to undergo rehabilitation counseling while serving the sentence.
Meruan was also ordered to be placed under police supervision for two years following the completion of his prison sentence.
According to the case facts, the accused had known the victim since 2011 as they lived in the same village and the incidents had occurred frequently — once a week — with the last incident taking place on March 13.
Before that, the victim had been referred to the Tawau Emergency and Trauma Department from the Tawau Health Clinic where a rapid HIV test revealed that the victim was HIV positive.
The court heard that the victim admitted to engaging in same-sex (sodomy) acts with the accused since he was in Form One at the barber’s shop.
Earlier, Deputy Public Prosecutor (DPP) Mohd Suhaimi Suriana asked for a deterrent sentence on the grounds that the accused had taken advantage of the boy since he was 13 years old and continued the abuse until the victim was 16.
He added that the prosecution also considered the humanitarian aspect for the victim, as the medical report confirmed the boy had contracted HIV.
“A child that young should not have to suffer from such a disease, and the accused has shown no remorse or guilt for his actions against the victim,” he added.
