Teacher ordered to enter defence against forcing three students to perform oral sex on him

Justices Datuk Hanipah Farikullah, Datuk Wira Ahmad Nasfy Yasin and Datuk Ghazali Cha, presiding, 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, Justice Hanipah who chaired the three-member panel, said the court found that the prosecution had made out a prima facie case against Mohd Noor Zaini, 48.

She ordered Mohd Noor Zaini to enter his defence and remitted the case to the Ampang Sessions Court.

The Court of Appeal judge (Justice Hanipah) also fixed July 19 for mention of the case at the Sessions Court.

Mohd 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.

Mohd 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 3.35 pm 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 Mohd Noor Zaini.