PUTRAJAYA: An elderly man was sent to jail for a year for sexually assaulting his neighbour’s five-year-old granddaughter four years ago.
This followed a decision by the Court of Appeal's three-member panel comprising Justices Vazeer Alam Mydin Meera, M. Gunalan and S.M. Komathy Suppiah in allowing the prosecution’s appeal to reinstate the Kangar Sessions Court decision which found Harun Dahman guilty of the offence.
The 78-year-old former rubber tapper will also receive one stroke of the cane and be placed under police supervision for two years after his release from prison.
The court ordered Harun to begin his sentence today (July 25).
In delivering the court’s decision, Justice Vazeer said the prosecution’s appeal had merits.
In reinstating the Kangar Sessions Court’s decision, Justice Vazeer set aside the decision of the Kangar High Court in acquitting and discharging Harun of the offence.
He ruled that the High Court judge failed to apply the correct principles when he overturned the Sessions Court’s decision.
"We are of the view that the High Court judge erred when he interfered with the decision and findings of fact made by the Sessions Court judge who had heard the evidence given by witnesses, particularly the victim and the appellant (Harun),” he said, adding that the Sessions Court’s decision and findings of fact were not plainly wrong.
According to the charge, Harun had sexually assaulted the girl, who was then five years old, in a house in Arau district, Perlis, at 6.30pm on Feb 15, 2019.
The charge was framed under Section 14(a) of the Sexual Offences Against Children Act 2017.
On Nov 6, 2020, Sessions Court judge Ainul Shahrin Mohamad found Harun guilty and sentenced him to a year’s jail.
She also ordered Harun to be given one stroke of the cane and ordered him to be under police supervision for two years after he completed his jail sentence.
Harun then appealed to the High Court and on Feb 17 last year, High Court judge Justice Arik Sanusi Yeop Johari (now Judicial Commissioner) overturned the Session Court’s decision and acquitted Harun.
This prompted the prosecution to appeal to the Court of Appeal.
According to the facts of the case, a neighbour saw Harun entering his house followed by the girl and he then closed the door of the house.
Deputy public prosecutor Tetralina Ahmed Fauzi appeared for the prosecution while lawyer Norharniza Rusli represented Harun. - Bernama
