BUTTERWORTH – The high court here today overturned an appeal by a school counsellor for the court to consider records of the Movement Control Order (MCO) in 2020 in relation to his sentencing.
In a written judgment, judicial commissioner Fathiyah Idris ruled that the defence’s submission of the MCO, which was imposed by the public health authorities due to Covid-19, as an alibi was an afterthought.
The accused, Aiyob Che Meh, 47, was pronounced guilty by the lower court last year and sentenced to a total of six years imprisonment and two strokes of the rotan.
The referencing of the MCO came after the accused had testified earlier in the lower court, Fathiyah said.
She declared that referencing the MCO to the court also only came after the testimonial of other witnesses, including the accused.
“Hence, it comes after the fact,” she reasoned.
She ruled that the earlier sentencing by the sessions court would be maintained.
Last year, Aiyob was found guilty of molesting a then-17-year-old female student in a counselling room at a secondary school in Tasek Gelugor between July 4 and 26.
He was to serve the sentence from the date of conviction on September 9, last year.
His counsel S. Raveentharan argued in court that in mitigation, the court needs to take into account that an MCO was imposed by the federal government during that period.
“It warrants checks with the health and education authorities on whether the school was indeed in session when my client was accused of sexual assault,” said Raveentharan.
Later, Raveentharan shared that the court had, however, allowed a stay of sentencing pending an appeal to the Appeals Court.
Raveentharan said that he would also file an application for the higher court to allow him to gather data from the relevant authorities on the level of the MCO during the period.
“Was it permissible for school to organise classes then under the MCO?” said Raveentharan.
According to online records, Penang was listed under the Recovery MCO status during the dates listed in the charge sheet.
Aiyob was charged under Section 14(a) of the Sexual Offences Against Children Act 2017, read in conjunction with Section 16(1) of the same act.
If convicted, he may be sentenced to a jail term not exceeding 20 years and whipping, or a jail term not exceeding five years and whipping of not more than two lashes.
Pending his appeal, bail was allowed with one surety at RM20,000, and Aiyob must surrender his passport to the courts.
The accused must report himself to the Sg Dua police station every Tuesday on the first week of every month and he is barred from going near the victim or her family. – The Vibes, August 25, 2023
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