Court of Appeal overturns High Court acquittal, health officer ordered to enter defence on seven unnatural sex charges

PUTRAJAYA, Oct 2 — The Court of Appeal overturned a High Court decision acquitting a health officer of seven charges of unnatural sex with a woman and mandated him to present his defence. A three-judge panel, led by Datuk Noorin Badaruddin, allowed the prosecution to appeal against the Kota Bharu High Court's decision from December 10, 2025, which had cleared Mohd Faris Helmi Ab Rahim, 38, on all charges under Section 377B of the Penal Code.

The Court of Appeal ruled that the High Court's decision upholding the Sessions Court's acquittal was incorrect. The Court found that a prima facie case had been established against the respondent on the Section 377B charges. Consequently, the respondent was ordered to enter his defence, with the case to be remitted to the Sessions Court before a new judge.

The case management date at the Pasir Mas Sessions Court was set for October 15, 2026. In April 2024, the Pasir Mas Sessions Court acquitted and discharged Mohd Faris Helmi after the prosecution failed to prove a prima facie case. The seven charges accused him of having unnatural sex with a 34-year-old bakery owner in a car and at a petrol station in Pasir Mas and Salor between July 29, 2019, and September 18, 2021.

The maximum sentence for these offences is 20 years in prison and whipping upon conviction. Justice Noorin criticized the Sessions Court judge for applying the 'beyond reasonable doubt' standard at the conclusion of the prosecution's case. She stated that the respondent's defence should be allowed to test the evidence of the victim, who was not inherently disbelieved.

The court found that the victim's direct evidence against the respondent was credible and should be examined after the respondent had an opportunity to respond. The proceedings were handled by Deputy Public Prosecutor Noor Farhana Adham, and Mohd Faris Helmi was represented by lawyer Siti Syaerah Meor Zulkefli 'Auni.