SEREMBAN: The Sessions Court here has allowed an application by the defence to refer a counselling teacher facing charges of committing physical sexual assault against an 11-year-old student and possessing child pornography to undergo a psychiatric evaluation.
Judge Surita Budin made the ruling following an application by lawyer Mohamad Zahid Ahmad who represented the 45-year-old accused Mohd Khairulnizam Muslin.
"The accused will be referred to Hospital Permai for this.
"We will proceed once we get the result," she said after deputy public prosecutor Norazihah Asmuni said her team had no objection to the application.
Mohd Khairulnizam had allegedly assaulted the boy in a school counselling room in September 2023.
He was charged under Section 14(a) of the Sexual Offences Against Children Act 2017, read together with Section 16 of the same Act, which carries a jail term of up to 20 years and whipping upon conviction.
For the second charge, he is accused of possessing 180 photographs and clips of children being sexually abused on his laptop at a house in Seremban on Dec 12, 2023.
This charge is under Section 10 of the same Act, which carries a penalty of up to five years' imprisonment, a fine of up to RM10,000, or both, upon conviction.
In December last year, the Attorney General's Chambers (AGC) had agreed to withdraw a third charge against the accused for sexual assault against another 11-year-old pupil following a representation filed by the defence.
Judge Surita then fixed May 20 for next mention.
