Court of Appeal overturns acquittal in 2020 child sexual assault case
PUTRAJAYA: The Court of Appeal has ordered a 60-year-old self-employed man to enter his defence on a charge of sexually assaulting a seven-year-old girl in Penang in May 2020, overturning two lower court decisions that acquitted him without calling for his defence.
The Court of Appeal has ruled that a 60-year-old man must enter his defence against charges of sexually assaulting a seven-year-old girl in Penang, Malaysia, in May 2020, overturning earlier decisions by lower courts that acquitted him. The unanimous decision, delivered on October 20, 2023, found that both the Sessions Court and High Court judges had erred in concluding that the prosecution had not established a prima facie case against the accused.
The Court of Appeal emphasized that the child witness's testimony, which included minor inconsistencies regarding the frequency of incidents and incidental details, should not be dismissed. Instead, the testimony should be assessed in light of the victim's level of maturity and ability to understand questions and the duty to tell the truth. The court further noted that the victim's testimony remained consistent on key elements of the charge.
The ruling sets aside the decisions of the High Court and Sessions Court judges, allowing the prosecution's appeal and ordering the accused to enter his defence before the Sessions Court in Butterworth. The incident allegedly occurred between 6 a.m. and 5 p.m. at a house in Bukit Mertajam, Central Seberang Perai, Penang, in May 2020. Legal representation for the man was provided by Andrew Chew of the National Legal Aid Foundation, while deputy public prosecutor Jasmee Hameeza Jaafar represented the prosecution.
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