Latest news with #CourtAppeal
Malay Mail
3 days ago
- Malay Mail
Appeals Court reinstates Perak man's eight-month jail term for outraging stepdaughter's modesty
PUTRAJAYA, Aug 15 — The Court of Appeal today reinstated an eight-month prison sentence on a 52-year-old man, for outraging the modesty of his teenage stepdaughter, overturning the High Court's earlier decision to acquit him. A three-man bench, led by Justice Datuk Azman Abdullah, allowed the prosecution's appeal, setting aside the High Court's acquittal, and restoring the conviction and sentence imposed by the Magistrate's Court in November 2023. Delivering the court's unanimous decision, Justice Azman said that the High Court had erred in acquitting and discharging the man, who works as a security guard. He said the High Court judge did not assess the victim's testimony thoroughly, and had ignored her spontaneous response following the incident, which included kicking the respondent (the man), calling for her younger brother, her aunt, and her mother, and lodging a police report. 'We find that there is overwhelming evidence showing the victim to be a credible witness, and her testimony is consistent with the police report,' Justice Azman said, sitting with Justices Datuk Azmi Ariffin and Datuk Hayatul Akmal Abdul Aziz. He also said that the man's defence that he entered the room to retrieve dirty clothes was unreasonable, as he entered through the bathroom door without knocking on the door, because the victim's room door was locked. The victim's testimony was not a fabrication intended to incriminate the respondent, he added. The Magistrates' Court had earlier found the man guilty of using criminal force with the intention of outraging the victim's modesty. The incident occurred at a house in Muallim district, Perak, at about 9 am on July 9, 2022, when the victim was 19 years old. He subsequently appealed to the High Court, which acquitted and discharged him last year. The prosecution then brought the matter to the Court of Appeal. Deputy public prosecutor Solehah Noratikah Ismail argued that the man's act of entering the victim's locked bedroom via a bathroom connected to the kitchen, while she was asleep, demonstrated malicious intent. The man's lawyer, Siti Umairah Zainudin, submitted that the High Court had correctly acquitted her client after considering inconsistencies in the victim's testimony. — Bernama
CTV News
10-07-2025
- CTV News
B.C. man says son conceived in residential school abuse, both sue church
The Law Courts building, which is home to B.C. Supreme Court and the Court of Appeal, is seen in Vancouver, on Thursday, Nov. 23, 2023. THE CANADIAN PRESS/Darryl Dyck VANCOUVER — A British Columbia father and son are suing the Anglican Church of Canada, alleging the son was conceived as a result of sexual abuse by a female employee of St. Michael's Indian Residential School in Alert Bay in the late 1960s. The lawsuit says the father was 14 years old when he was victimized by a school supervisor in 1968, and he settled a lawsuit with the church in 2008 over the alleged sexual assault at the school on Cormorant Island, northeast of Vancouver Island. Court documents filed this week in B.C. Supreme Court say the plaintiffs only recently found out they were related, leading to a 'traumatic reunion,' and their relationship has been confirmed by DNA testing. The notice of civil claim says the father, now 72, 'had no idea' he had a son that was given up by the woman to a non-Indigenous family months after his birth, and the son, now 56, was traumatized by the 'shocking revelation' he was a child conceived through the rape of his biological father. The lawsuit says the plaintiffs contacted the church this year about compensation, but were allegedly told the church considered itself 'completely absolved' of liability due to settlement of the father's earlier legal action. The allegations have not been proven in court and the Anglican Church of Canada has not filed a response to the lawsuit, and the plaintiffs' lawyer and the church did not immediately respond to requests for comment. The civil claim says the plaintiffs were 'left with no choice' but to sue the church for damages in order to 'seek closure and healing from these traumatic events.' This report by Darryl Greer, The Canadian Press, was first published July 10, 2025.
