26 years for ex-lorry driver who sexually assaulted 3 daughters

 

The court was told the man forced his three underage daughters to perform oral sex on the same morning three years ago. (Reuters pic)

PUTRAJAYA: The Court of Appeal today affirmed the 26-year jail term of a former lorry driver who sexually assaulted his three underage daughters at their home in Klang two years ago.

However, the three-member bench chaired by Abdul Karim Abdul Jalil, allowed the 40-year-man’s appeal to reduce the whipping from 24 strokes to 16.

Karim said the public would be outraged if the jail term was reduced.

“You were entrusted to protect them from harm but committed heinous acts against them.

“The jail term is appropriate since the maximum allowed is 20 years and you had pleaded guilty to the charges before the trial court,” the judge, who sat with Hanipah Farikullah and P Ravinthran, said.

Karim, however, said the order for whipping was excessive.

The accused had forced his 10-year-old daughter to perform oral sex twice. He also committed separate offences on another two daughters, aged nine and eight.

All four offences were committed at their home between 8am and noon on Oct 28, 2019.

Section 14 of the Sexual Offences Against Children Act 2017 prescribes a jail term of up to 20 years and whipping if an accused is found guilty of physical sexual assault on a child.

Section 16 (1) allows the court to impose additional punishment with imprisonment of up to five years and a minimum of two strokes if the offender is in a position of trust.

The Sessions Court had, on Dec 12, 2019, imposed a 13-year jail sentence and six of the strokes of the rotan each for the first, third and fourth charges. The jail sentences are to run concurrently, meaning the accused will serve 13 years but be whipped 18 times.

The trial judge also imposed another 13 years and six strokes for the second offence but the accused has to serve this punishment after completing sentence for the other three charges.

In total, he will serve 26 years and 24 strokes.

The High Court had, on Oct 16 last year, dismissed his appeal to reduce the jail term and strokes of the rotan.

Today, the Court of Appeal maintained the jail term but reduced the six strokes each to four.

The incident came to light when the 10-year-old girl narrated the acts by the accused to her foster mother, who lodged a police report.

He was arrested on Oct 31, 2019 and claimed trial when charged on Nov 14, but changed his plea when the case came up for mention on Dec 12.

Lawyer Izleen Ismail, from the National Legal Aid Foundation, represented the accused, and deputy public prosecutor Hanim Mohd Rashid appeared for the prosecution. - FMT