Malaysia

Ex-PTD officer gets a year in prison for bathroom sex assault on student

Appellate court rejects appeal against conviction but cuts jail time from six years

Updated 3 years ago · Published on 04 Jul 2023 3:56PM

Ex-PTD officer gets a year in prison for bathroom sex assault on student

PUTRAJAYA – A former Administration and Diplomatic officer was sentenced to a year in jail by the Court of Appeal for sexually assaulting a 13-year-old male student in the bathroom of a religious school’s hostel.

Mohd Zarul Afifi Mohd Zaki was ordered by a three-member bench led by justice Datuk Hadhariah Syed Ismail to serve his jail sentence from today. 

The 36-year-old man has been on RM8,000 bail pending the disposal of his appeal today.

He lost his appeal to set aside his conviction but succeeded in getting the court to reduce his sentence from six years’ jail and two strokes of the cane to just a year in prison.

Justice Hadhariah, who sat with justices Datuk Azman Abdullah and Datuk Azmi Ariffin, said there was overwhelming evidence to support the high court’s decision to convict Zarul for the offence.

However, she said the court agreed with Zarul’s counsel M.M. Athimulan that the six-year imprisonment and two strokes of the cane were manifestly excessive since there was no force used or injuries inflicted on the victim.

On April 28, 2021, the sessions court acquitted and discharged Zarul on the charge of committing sexual physical assault by touching the wrists and stomach of the boy who was taking his bath at 3.10pm in the bathroom of the school’s hostel in Kuantan, Pahang, on March 23, 2019.

The high court, on January 18, 2022, allowed the prosecution’s appeal and convicted Zarul and sentenced him to six years in jail and two strokes of the cane. Zarul then appealed to the Court of Appeal.

In the appeal proceedings today, Athimulan asked the court to restore the sessions court’s decision as he said it had rightly acquitted his client as the incident happened spontaneously and not intentionally.

Deputy public prosecutor (DPP) Muhammad Azmi Mashud, who was assisted by DPP Aida Khairuleen Azli, argued that Zarul’s evidence that he did not realise he entered the school compound because he was playing the Pokemon Go game on his handphone was merely a bare denial.

He said Zarul’s testimony that he entered the bathroom to take off his clothes and accidentally touched the victim’s stomach was also a bare denial. – Bernama, July 4, 2023

Related News

Malaysia / 8mth

Two disabled students claim sexual assault in dormitory

Malaysia / 10mth

Male student charged with sexually assaulting classmate

Malaysia / 10mth

14-year-old boy detained for alleged sexual assault of schoolgirl

Malaysia / 10mth

Father, 2 sons charged with sexually assaulting daughters

Malaysia / 11mth

Rape, sexual assault: Independent preacher sentenced to 15 years jail, caning

Malaysia / 1y

Izzah promises justice for boy groped by ‘celebrity ustaz’

Spotlight

Malaysia

Penang CM defends move by housing board, says enforcement is last resort

By Ian McIntyre

World

Anak Krakatau’s six eruptions recorded

Malaysia

Delivery rider's compassion turns RM14.50 meal into wave of public generosity

Malaysia

Sanusi’s gambling stance puts PAS manifesto under scrutiny

By Alfian Z.M. Tahir

Malaysia

Zahid’s game plan is opening up

Malaysia

Chew Jetty fire: Business owners lose everything in the blink of an eye

By Ian McIntyre

Malaysia

SMART Team leaves for Nepal today as search for 55 Malaysians continues

Diary

Mother Teresa - one of the foremost humanitarian figures of the 20th century died today, 29 years ago

You may be interested

Malaysia

PM warns fertiliser firms of potential contract cancellations, orders MACC review

Malaysia

Emergency declared in Serian as haze reaches hazardous levels (UPDATED)

Malaysia

Zahid: No PM candidate talks until parliament dissolved

Malaysia

Kepong MP challenges government over proposed hybrid SST-GST model

Malaysia

Leave PAS-UMNO seat talks to party presidents - Johari

Malaysia

Delivery rider's compassion turns RM14.50 meal into wave of public generosity

Malaysia

Zahid’s game plan is opening up

Malaysia

Chew Jetty fire: Business owners lose everything in the blink of an eye

By Ian McIntyre