SEREMBAN: The Sessions Court here today will proceed with the trial against four teaching assistants of a madrasah in Kuala Pilah on charges of physical sexual assault on children.
Judge Datin Surita Bidin decided the matter after the defence rejected the prosecution’s offer to charge them with an alternative charge under Section 377E of the Penal Code for inciting a child to an act of gross indecency.
Following the objection by the defence, Muhammad Habib Noh Mohd Zairi, 22, Muhammad Khunais Fathie Khabil, 21, Muhammad Fawzun Azim Ismail, 21, and Ahmad Nadzful Izham Azizan, 23, will be tried according to their initial charge, which is physical sexual assault under Section 14 (a) and Section 14 (b) of the Sexual Offences Against Children Act 2017.
They face imprisonment for up to 20 years and are liable to whipping if found guilty of the offence.
Lawyers Datuk Hanif Hassan and Muhammad Wajih Zakwan Hanif, representing the accused, then requested the court to set the trial dates.
Earlier, Surita sought confirmation on whether the trial against the accused would be conducted jointly or separately.
Deputy Public Prosecutor Nurul Balkis Zunaidi informed that she had not yet consulted the Attorney General’s Chamber regarding the matter as she was only informed about the defence’s rejection of the alternative charge offered by the prosecution yesterday.
“This case involves different victims, and I believe it should be conducted separately. A joint trial order has not yet been issued because we are still in the negotiation phase. I only received information yesterday that the defence had rejected the offer of the alternative charge,” she said.
The court then set March 19 for mention.
On Sept 19 last year, Muhammad Habib Noh, Muhammad Khunais Fathie and Ahmad Nadzful Izham pleaded not guilty to charges of physical sexual assault against five children at the madrasah in 2022 and 2023.
The following day, Muhammad Fawzun also pleaded not guilty to six counts of committing similar acts on four boys at the madrasah in 2023.
