Religious teacher to enter defence to charge of sexually assaulting student

Judicial Commissioner Hasbullah Adam also ordered Mohamad Ajmal Mohamed Khairi, 26, to enter his defence at the Ampang Sessions Court at 2 pm today.

Hasbullah made the decision after examining the records of the appeal by the prosecution and having carefully considered the written submissions by both parties.

He said both the prosecution as the appellant and respondent agreed to appeal by putting in written submissions on Jan 25 at the High Court.

"After examining the records of the appeal and written submissions, the court finds there is a prima facie case for the charge under Section 14(a) of the Sexual Offences Against Children Act 2017," he said.

On Oct 4, 2019, Mohamad Ajmal was discharged and acquitted by the Ampang Sessions Court after the prosecution failed to prove a prima facie case against three charges at the end of the prosecution's case.

Mohamad Ajmal was accused of committing physical sexual assault on the student under Section 14 (a) of the Sexual Offences Against Children Act 2017 and read together with Section 16 of the same Act, which provides for imprisonment not exceeding 20 years and whipping, if convicted.

He was also charged with committing the same offence under Section 14 (b) of the same Act and read together with Section 16 of the same Act.

Hasbullah said Mohamad Ajmal also faced another charge of committing carnal intercourse against the order of nature with the same victim. The offence under Section 377C of the Penal Code carries five to 20 years' jail and whipping upon conviction.

Mohamad Ajmal allegedly committed all the offences at a Maahad Tahfiz (Quran learning school) on June 8, 2018.

Hasbullah said the appeal hearing was held last Jan 25 at the High Court where the prosecution as the appellant and the respondent (defence) agreed to appeal based on the written submissions.

"The court found there was a prima facie case for the charge, made under Section 14(a) of the Sexual Offences Against Children Act 2017," he said.

On the two other charges, Hasbullah said the prosecution failed to establish a prima facie case against the accused.

Deputy public prosecutor Nur Zatil Hidayah Ali appeared for the prosecution while lawyer Ahmad Ishrakh Saad represented Mohamad Ajmal.