SEREMBAN: The defence team representing four teacher assistants of a madrasah charged with sexually assaulting nine minors will file a second representation to review the charges.
Deputy public prosecutor Nurul Balkis Zunaidi told this to the High Court here after the case came up for remention today (Nov 18).
"The prosecution has received a letter (from the state prosecution department) stating that the representation filed by the defence for all four accused has been rejected
"We have been made to understand that they want to file a second representation," she told judge Surita Budin.
Defence lawyer Hanif Hassan then stood up and affirmed the matter.
He told the court that he had also received instructions from his clients to file another representation to Putrajaya.
Judge Surita then fixed Dec 18 to hear the outcome of the representation.
The four accused – Muhammad Habib Noh Mohd Zairi, 21, Muhammad Khunais Fathie Khabil, 20, Ahmad Nadzful Izham Azizan, 22, Muhammad Fawzun Azim Ismail, 20 – are collectively facing 20 charges of sexually assaulting the boys aged between nine and 13 years at the centre.
On Sept 19, Muhammad Habib Noh, Muhammad Khunais and Ahmad Nadzful Izham Azizan pleaded not guilty when charged before Surita.
Muhammad Fawzun also claimed trial when charged the following day.
Muhammad Habib Noh and Muhammad Fawzun are facing four charges each under Section 14(a) of the Sexual Offences Against Children Act 2017 while Muhammad Khunais is facing six and Ahmad Nadzful, three.
Muhammad Habib was also charged with one count under Section 14(b) of the same legislation while Muhammad Fawzun faced two.
Both provisions carry a jail term of up to 20 years and whipping upon conviction.
They allegedly committed the offences at the madrasah between 2022 and 2023.
Ahmad Nadzful and Muhammad 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 bail amount.
The accused have also been told not to contact the victims or witnesses, report to the nearest police station once a month, surrender their passports, if they had one, to the court, and be easily reachable.
When met outside the court later, Hanif said the prosecution was appealing for a lower charge as the accused were young when the offences were allegedly committed.
The four were among those arrested following raids conducted by Bukit Aman's Criminal Investigation Department at 20 charity homes in Selangor and Negri Sembilan linked to GISB Holdings in September.
A total of 402 children and teenagers, including 201 boys and 201 girls aged from one to 17, were rescued during the operation then.
