PUTRAJAYA: The Court of Appeal has ordered a self-employed man to enter his defence against a charge of physically sexually assaulting a seven-year-old girl.
In a unanimous ruling delivered on Tuesday (Oct 20), a three-judge panel comprising Datuk Azman Abdullah, Datuk Hayatul Akmal Abdul Aziz and K. Muniandy allowed the prosecution's appeal against the High Court's decision to acquit and discharge the man at the close of the prosecution's case.
In delivering the ruling, Justice Hayatul Akmal said both the Sessions Court and High Court judges were wrong to conclude that the prosecution had failed to establish a prima facie case against the accused.
"The child witness's testimony should not be dismissed merely because of minor inconsistencies regarding the frequency of incidents and incidental details.
"Given that the victim was seven years old at the time of the incident, her testimony should be assessed in light of her level of maturity and ability to understand questions and the duty to tell the truth, rather than by the standards of accuracy expected of an adult witness," Justice Hayatul Akmal said, adding that the victim's testimony remained consistent on the key elements of the charge against the accused.
"Accordingly, we find that the prosecution has successfully established a prima facie case against the accused. The decisions of the High Court and Sessions Court judges are set aside, the prosecution's appeal is allowed and the accused is ordered to enter his defence against the charge before the Sessions Court in Butterworth," she said.
On Oct 5, 2023, the Sessions Court acquitted and discharged the 60-year-old man at the close of the prosecution's case without calling him to enter his defence. On Aug 2, 2024, the High Court upheld the Sessions Court's decision.
According to the charge, the man was accused of physically and sexually assaulting the girl at a house in Bukit Mertajam, Central Seberang Perai, Penang, between 6am and 5pm in May 2020.
During the proceedings, lawyer Andrew Chew of the National Legal Aid Foundation represented the accused, while Deputy Public Prosecutor Jasmee Hameeza Jaafar appeared for the prosecution. – Bernama
