By Suraini Andokong

Retrial for youth over 8 sexual assault charges

KOTA KINABALU: The High Court here ordered a retrial for a youth charged with eight counts of committing physical sexual assault against four boys in the Sessions Court after the appellant claimed he was persuaded to plead guilty to the charges in an ongoing trial.

Justice Datuk Nurchaya Hj Arshad remitted back the case of Mohd Hafis Jarashid, 20, to the lower court after hearing explanation from the appellant (Mohd Hafis), and a reply from the prosecution for the respondent.

The court also invited counsel Ram Singh as amicus curiae or friend of the court in this case.

The appellant, who was appealing against his total of 32 years in jail, told the court that he was persuaded by whom he referred to as an IO and an officer from Welfare Department to plead guilty in the midst of the trial during which one witness had been called to testify against the appellant.

The appellant, who agreed to the persuasion, had retracted his plea of not guilty to one of guilty when the trial resumed after a lunch break as he thought that by pleading guilty to the charge, he would be freed from the said charges.

In reply, the prosecution said that he was very careful with this matter and during the trial he had asked the appellant whether he really wanted to plead guilty as one witness had testified at that time.

Apart from that, the prosecution also applied to recuse himself from rehandling the trial at the lower court.

On June 17, 2018, the appellant was sentenced to eight years' jail each for allegedly committing physical sexual assault against four boys on eight occasions.

The judge imposed the sentence on the appellant after he pleaded guilty to committing the offences at a house in a village in Kinarut, Papar between September 17 and 24, 2017.

On the first to the fourth charges, he had allegedly touched the private parts of the boys, aged between nine and 14, and the offences were framed under Section 14 (a) of the Sexual Offences Against Children Act 2017.

Meanwhile, on the other four charges, Mohd Hafis had allegedly made the same boys touched his private parts, an offence framed under Section 14 (b) of the same Act.

All the alleged offences carry a jail term of up to 20 years and also liable to whipping, upon conviction.

All the jail sentences were to run concurrently except for the first, third, fifth and seventh charges which were to run consecutively.

The custodial sentences took effect from the date of arrest on September 25, 2017.