Jobless man denies sexual charges against teenage niece

KOTA KINABALU: A jobless man claimed trial at the Sessions Court here to committing sexual connection by object with his wife’s 16-year-old niece.

The 46-year-old man, who appeared before judge Noor Hafizah Mohd Salim denied the charge which was read to him by a Mandarin interpreter.

He was alleged to have committed the offence at an unnumbered house in a village in Tuaran between 2010 and 2011.

Albert faces a charge under Section 377CA of the Penal Code, which provides for a jail term of not less than five years and not more than 30 years, and shall also be liable to whipping, upon conviction.

Earlier, deputy public prosecutor Dinesh Raja objected to bail on the grounds that the offence is a non-bailable offence.

However, counsel Aida Jaafar Md Arif asked the court to allow the accused to be released on bail on the grounds that the accused, who is an only child, had to take care of his old parents.

She said her client had been unemployed due to depression and was currently depending on his wife to support the family.

Aida also informed the court that the wife of the accused, who also suffers from depression, has a family history of mental illness while his parents have health issues which need his care.

The court fixed January 30 and February 1 next year for trial and released the accused on a bail of RM5,000 with two local sureties, pending disposal of the case.

Albert was also ordered to have his passport to be kept by the prosecution, if any, and to report himself to Luyang police station once a month and not to communicate with any of the prosecution witnesses.

Aida was standing in for counsel Dominic Chew.