PUTRAJAYA: The Court of Appeal here has ordered a teacher to enter his defence on charges of forcing three female pupils to perform oral sex on him almost six years ago.
Justices Datuk Hanipah Farikullah, Datuk Wira Ahmad Nasfy Yasin and Datuk Ghazali Cha allowed the prosecution's appeal on Tuesday (July 5), setting aside a lower court decision to acquit and discharge Mohd Noor Zaini Zulkifli of the charges at the end of the prosecution's case.
Justice Hanipah, who chaired the three-member panel, said the court found that the prosecution had made a prima facie case against Mohd Noor Zaini, 48.
She ordered Mohd Noor Zaini to enter his defence and remitted the case to the Ampang Sessions Court.
Justice Hanipah also fixed July 19 for mention of the case at the Sessions Court.
Mohd Noor Zaini, who is currently suspended, was acquitted and discharged by the Sessions Court without being called to enter his defence.
The prosecution then appealed to the High Court but was unsuccessful.
Mohd Noor Zaini was charged with three counts of allegedly forcing the three girls, who were then nine years old, to perform oral sex on him in a music room of a primary school in Ampang at 3.35pm on Oct 19, 2016.
He was charged under Section 377C of the Penal Code, which carries a jail term of not less than five years and not more than 20 years, and whipping, upon conviction.
Deputy public prosecutor Atiqah Abdul Karim appeared for the prosecution while Ariff Azami Hussein represented Mohd Noor Zaini. – Bernama
