SEREMBAN: The Attorney General's Chambers have accepted representations from the defence for three teacher assistants at a madrasah facing charges of sexually assaulting underage boys.
Deputy Public Prosecutor Rasyidah Murni Adzmi told Sessions Court Judge Surita Budin that the three will be offered alternative charges under Section 377E of the Penal Code for the offences.
The accused - Muhammad Habib Noh Mohd Zairi, 21, Muhammad Khunais Fathie Khabil, 20, and Muhammad Fawzun Azim Ismail, 20 - face 17 charges of sexually assaulting boys aged between nine and 13 at the centre.
Section 377E of the Penal Code states that anyone who incites a child under 14 to an act of gross indecency shall be punished with imprisonment between three and 15 years and whipping.
In September last year, the three claimed trial to the charges before Judge Surita.
Muhammad Habib Noh and Muhammad Fawzun were each charged with four counts under Section 14(a) of the Sexual Offences Against Children Act 2017, while Muhammad Khunais faced six charges.
Muhammad Habib Noh was also charged with one count under Section 14(b) of the same legislation, while Muhammad Fawzun faced two counts.
They allegedly committed the offences at the madrasah in Kuala Pilah between 2022 and 2023.
Both provisions carry a jail term of up to 20 years and whipping upon conviction.
Defence counsel Datuk Hanif Hassan told the court he needed to discuss the matter with his clients before making a decision.
The court has fixed Feb 14 for the next mention.
Judge Surita also ruled that the case of a fourth teacher assistant, Ahmad Nadzful Izham Azizan, 22, charged with the three last September, would be heard on Feb 14.
Ahmad Nadzful pleaded not guilty to three charges under Section 14(a) of the Act.
In total, the four were charged with sexually assaulting nine boys.
Outside the court, DPP Rasyidah said her team had only received representations for three of the four accused from the defence.
"So, on Feb 14, the court will hear if the three accused are going to accept the alternative charge or otherwise.
"If they do not, then the charges under the principal offence remain under the Sexual Offences for Children Act," she said.
Ahmad Nadzful and Muhammad Fawzun are out on bail, while the other two accused were sent to the Puncak Alam Correctional Centre as they were unable to raise bail.
The four were among those arrested following raids by Bukit Aman's Criminal Investigation Department at 20 charity homes in Selangor and Negri Sembilan linked to GISB Holdings in September.
A total of 402 children and teenagers, including 201 boys and 201 girls aged from one to 17, were rescued during the operation.
