27-05-2025
Labourer acquitted, discharged of sexual assault against niece
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KOTA KINABALU (May 27): A Sessions Court here on Tuesday freed a labourer from a charge of committing sexual physical assault against his minor niece.
Judge Amir Shah Amir Hassan acquitted and discharged the 39-year-old accused without calling for his defence.
In his reserved ruling, the judge held that the prosecution had failed to establish a prima facie case against the man.
He was accused of fondly touching the victim's breasts at an unnumbered house in Penampang during the day on December 31, 2022.
The victim was 10 years old at that time.
The alleged offence was under Section 14 (a) of the Sexual Offences Against Children Act 2017.
The indictment provides for a jail term of up to 20 years and whipping, upon conviction.
The prosecution had called four witnesses to testify against the man.
This case was first brought to court on April 11, 2023.
Counsel Mohamad Syazwan Shah Mohamad Ali, Nigel Neong Kaning and Hannan Razaini represented the accused.
