PUTRAJAYA – The Court of Appeal today upheld a RM20,000 fine imposed on a mathematics teacher found guilty on two charges of outraging the modesty of an 11-year-old male pupil.
A three-member bench chaired by justice Datuk Suraya Othman dismissed Kamarul Azamin Mohamad’s appeal against his conviction and sentence.
The bench, which also comprised justices Datuk Abu Bakar Jais and Datuk M. Gunalan, also dismissed the prosecution’s appeal for a custodial sentence against Kamarul Azamin.
Suraya said the RM10,000 fine for each charge is not manifestly inadequate.
She said Kamarul Azamin is a first-time offender and there are likely consequences of him losing his job and pension.
However, Suraya said Kamarul Azamin’s conviction on the two charges was safe as the victim is a credible witness and evidence of what occurred in the teacher’s room was corroborated by his friend.
Kamarul Azamin, 43, was initially charged with two counts of inciting the boy to commit an act of gross indecency in the teacher’s room on May 4, 2016 and again on May 6 the same year at the computer room in a school in Kuala Lumpur.
On December 26, 2018, the sessions court found Kamarul Azamin guilty on the two charges and sentenced him to eight years’ jail and one stroke of the rotan for each offence. He was ordered to serve the sentences concurrently.
Kamarul Azamin appealed to the high court, which substituted the charges to outraging of modesty and fined him RM10,000 for each offence in default 10 months’ jail.
He was represented by lawyer Taqiyuddin Yahya while deputy public prosecutor How May Ling appeared for the prosecution. – Bernama, August 25, 2021
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