JOHOR BAHRU, Nov 13 — An unemployed 54-year-old man claimed trial at the Sessions Court here today to charges of physical sexual assault involving a 10-year-old boy last week.
The accused, Hishamudin Kumaran Abdullah, pleaded not guilty and requested to be tried after the charge was read out by the court interpreter before Judge Nor Aziati Jaafar.
Based on the charge sheet, the accused is charged with physical sexual assault of the boy in question at a surau in Taman Hidayat, Pekan Nenas, Pontian at 7.40pm on November 8.
The act was framed under Section 14(a) of the Sexual Offences Against Children Act 2017 that provides for a jail term of up to 20 years and whipping upon conviction.
Deputy Public Prosecutor Nur Farah Wahida Shahudin objected to bail being granted to the accused despite the court having the discretion to allow it.
She argued that the prosecution had evidence and basis to charge Hishamudin based on a closed-circuit television (CCTV) recording footage of the surau which showed the accused and the victim at the scene when the incident occurred.
“The charge also involves a child and it is a serious offence with a prison sentence of not more than 20 years.
“The accused is also not a first-time offender and has a past record of various criminal offences since 1993 to 2008, with two sentenced cases under Section 354 of the Penal Code, which also involved indecent assault and sexual harassment.
“There is a risk that the accused will commit the same offence or repeat his actions if he is released on bail,” argued Nur Farah.
Hishamudin, who was unrepresented, in his bail appeal, said he had no one to depend on and was living a difficult life.
He said that he was unemployed and disabled with problems to his vision and a deformed leg.
The court did not grant bail to the accused and the case was set for mention on January 16 next year for the submission of documents.
Earlier, Pontian police chief Superintendent Mohammad Shofee Tayib, issued a statement saying a report alleging physical sexual abuse of a boy was filed by the victim’s father.
He said the complainant was approached by the surau’s imam who informed him that his son was approached by an unknown man who was also a member of the surau.
“Based on a CCTV footage, the man is said to have groped the victim. Police investigations also found that the man had given the victim RM10 before committing the alleged act.
“The frightened victim then informed the surau imam before police arrested the suspect who has more than 10 previous criminal records for various offences,” he said.
