Worker’s acquittal over molest charge upheld

KOTA KINABALU: The High Court here yesterday upheld the acquittal of a general worker who was charged with molesting his sister-in-law’s daughter.

Justice Datuk Nurchaya Hj Arshad made the decision on 22-year-old respondent after dismissing an appeal by the prosecution to have the respondent ordered to enter his defence.

The respondent was freed by the lower on May 15, 2017, without calling for his defence after the trial judge ruled that the prosecution had failed to establish a prima facie case against the respondent.

The respondent was accused of molesting the victim aged eight in a room at a village house in Penampang on February 6, 2016.

The charge under Section 354 of the Penal Code carries a jail term of up to 10 years or with a fine or with whipping or any two of the punishments, upon conviction.

Earlier, in urging the court to quash the respondent’s acquittal, the prosecution submitted that the lower court had failed to form an opinion to the competency of the victim, and also failed to provide justification as to why the victim’s evidence could not be relied upon when there was similarity in her story while in open court and through exhibits.

In rebutting the point, counsel Azhier Farhan Arisin, argued that the legal burden in establishing the witness was competent or not rested entirely on the prosecution and not on the defence.