The Court of Appeal today ordered a teacher to enter his defence on charges of forcing three female students to perform oral sex on him almost six years ago.
Presiding judges Hanipah Farikullah, Ahmad Nasfy Yasin, and Ghazali Cha allowed the prosecution’s appeal to set aside the lower court's decision in acquitting and discharging Mohd Noor Zaini Zulkifli of the charges at the end of the prosecution's case.
In the court's decision, judge Hanipah who chaired the three-member panel, said the court found that the prosecution had established prima facie against Noor Zaini, 48.
She ordered Noor Zaini to enter his defence and remitted the case to the Ampang Sessions Court.
Judge Hanipah also fixed July 19 for mention of the case at the Sessions Court.
Noor Zaini, who is currently suspended, was acquitted and discharged by the Sessions Court of the charges without calling him to enter his defence.
The prosecution then appealed to the High Court but was unsuccessful, prompting the prosecution to appeal to the Court of Appeal.
Noor Zaini was charged with three counts of allegedly forcing the three girls, who were then nine years of age, to perform oral sex on him in a music room of a primary school in Ampang at 3.35pm on Oct 19, 2016.
He was charged under Section 377C of the Penal Code, which carries a jail sentence of not less than five years and not exceeding 20 years, and shall also be liable to whipping.
Deputy public prosecutor Atiqah Abdul Karim appeared for the prosecution while lawyer Ariff Azami Hussein represented Noor Zaini.
- Bernama
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