BANDAR SERI BEGAWAN: A 51-year-old Filipino man was sentenced to 11 months’ imprisonment on Tuesday (July 8) after being found guilty of outraging the modesty of an 18-year-old cashier inside a department store’s female toilet in Kiulap.
Willie Mandal Garganera, who worked as a cleaner at the store, was convicted following a full trial before Senior Magistrate Ervy Sufitriana Abdul Rahman on June 5.
The incident occurred on the morning of June 24, 2022, before business hours. According to evidence presented in court, Garganera entered the female toilet under the guise of performing cleaning duties. There, he encountered the teenage victim near the entrance, placed his arm around her shoulder and kissed her cheek without her consent.
The victim immediately informed her mother, which led to a confrontation at the store and a subsequent police report.
The court heard that the defendant made multiple entries into the toilet in under a minute, footage of which was captured on CCTV. The court deemed his actions to be deliberate, calculated, and opportunistic — and not consistent with legitimate cleaning responsibilities.
Garganera was convicted under Section 354 of the Penal Code, which criminalises the use of criminal force with intent to outrage modesty, an offence punishable with up to five years’ imprisonment and whipping.
While the court imposed 11 months’ imprisonment, whipping was not ordered as the defendant is exempt under the Criminal Procedure Code due to his age.
Garganera was represented by defence counsel Czar Calabazaron of Rudi Lee, Annie Kon & Associates, while Deputy Public Prosecutor Nurul Fitri Kiprawi appeared for the Public Prosecutor. – Borneo Bulletin/ANN
