Sex abuse: Dad to make defence

Kota Kinabalu: A 30-year-old man was ordered to enter his defence on two counts of committing sexual offences against his daughter.

Sessions Court Judge Elsie Primus made the order for the man after ruling that the prosecution had established prima facie case against the man.

The court set May 5 this year for the man’s defence.

On the first count, the man is accused of raping the nine-year-old girl at 4.30pm on Nov 22, 2019 inside a car in Kota Marudu and Inanam.

The offence under Section 376(3) of the Penal Code provides for a jail term of between eight and 30 years, and whipping at least ten strokes of the cane, on conviction.

On the second count, the man allegedly committed sexual offence by touching the girl’s private part at the same place and time.

For the offence, the man was charged under Section 14 (a) of the Sexual Offences Against Children Act 2017 which carries a jail term of up to 20 years, and whipping, on conviction.

The prosecution had called six witnesses during the hearing.

Deputy Public Prosecutor Rustam Sanip conducted the prosecution while the man was not represented.

In another case, a woman and two men were charged with causing hurt to a man while robbing him, will go on trial on Apr 28 this year.

The court set the date for Rapikah Pathan, 26, Mohd Shah Heddan M Shahri, 32, Abdul Amir Absari, 34, after the trio maintained their plea of not guilty on Monday which was supposed to be a three-day trial until Apr 14.

Earlier, the prosecution applied for another trial date as the police personnel who was supposed to testify on Monday, went for Covid-19 vaccination and other witnesses had yet to be served subpoena. 

The trio were accused of causing hurt to one Azwan Mohd Amin, 28, while robing him of his smartphone and a car key at 9pm on Nov 15, 2019 at the Kota Kinabalu Craft Market, here.

They allegedly committed the offence together with an accomplice still at large.

The offence under Section 394/34 of the Penal Code carries a jail term of up to 20 years, and whipping, on conviction.