SEREMBAN: The defence team representing three teacher assistants facing 14 charges of sexually assaulting underage boys at a madrasah in Kuala Pilah have rejected the alternative charges offered by the prosecution.
Deputy public prosecutor Nurul Balkis Zunaidi conveyed this to Sessions judge Surita Budin when the case came up for mention on Friday (Feb 14).
She said this meant that the three, including a fourth teacher assistant aged 22, would face the original charges framed under Sections 14(a) and (b) of the Sexual Offences Against Children Act 2017.
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Muhammad Habib Noh Mohd Zairi, 21, Muhammad Khunais Fathie Khabil, 20, Muhammad Fawzun Azim Ismail, 20, and Ahmad Nadzful Izham Azizan, 22, claimed trial in September to a total of 20 counts of sexually assaulting nine boys aged between nine and 13 at the centre.
The four allegedly committed the offences between 2022 and 2023.
The Act provides for a jail term of up to 20 years and caning upon conviction.
However, when the case came up for mention on Jan 20, the court was told that the Attorney General's Chambers accepted representations from the defence for Habib Noh, Khunais and Fawzun.
The three were offered alternative charges under Section 377E of the Penal Code for the offences.
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This section 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.
Defence counsel Datuk Hanif Hassan then told the court he needed to discuss the matter with his clients before making a decision.
When the case came up on Friday, Hanif, who was assisted by Muhammad Wajih Zakwan Hanif, asked the court to fix the trial dates since they were not accepting the alternative charges.
Judge Surita then asked the prosecution if the cases would be heard together or separately.
DPP Nurul Balkis said since it involved different victims, her team suggested that they be heard separately.
Surita then told the prosecution to come up with the list of witnesses to be called at the next mention date when the court will also fix the trial dates.
She then fixed March 19 for mention.
Ahmad Nadzful and Fawzun are out on bail, while the other two accused were sent to the Puncak Alam Correctional Centre as they were unable to raise the amount.
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.
