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Pedophile’s jail term reduced to 13 years plus 6 strokes of the cane

23rd July, 2019


KOTA KINABALU: A 41-year-old man who was convicted of two counts of raping a 14-year-old girl had his jail term reduced to 13 years plus six strokes of the cane after he was ordered to run the sentence concurrently.

Judges Datuk Dr. Badariah Sahamid, Datuk Harmindar Singh Dhaliwali and Datuk Yew Jen Kie made the order on Anthonyius Bernard as they are in the view that the event was in one transaction therefore the order of 13 years of jail with three strokes of the cane for the first and second counts to be run consecutively was not right in law.

Earlier, defence counsel Nurul Rafeeqa Afdul Mutolip appealed against the sentence and conviction on Anthonyius by drawing the court’s attention by saying that based on the medical report testimony it was found that there were no fresh tears on the victim’s hymen but only old tears.

However, she did not deny that the accused and the victim were in the same room throughout the night.

The respondent, Deputy Public Prosecutor Azmi Mashub, emphasised that the Sessions Court had made the right decision, and the witnesses’ statement are usually clear and not made up.

The court was also in a view that the sentences by the lower courts are safe, except on the jail terms which need to be run concurrently. The court also set aside the two-year provision after Anthonyius serves the sentence.

On September 28, 2016, the Sessions Court imposed a 13-year imprisonment on each charge against the appellant and ordered the sentence to be run consecutively which is in total 26 years of imprisonment.

On September 5, 2018, the High Court retained the jail term, but imposed three strokes for each charge on the appellant after allowing the prosecution’s appeal against the sentence.

According to the charge on November 6, 2015, at 2.30 pm in a hotel room in Sinsuran Complex, Jalan Tun Fuad Stephen, the appellant had raped the 14-year-old victim.

For the second count, he once again raped the victim on November 7, 2015 at 7am in the same place.

The offence is framed under Section 376 (1) of the Penal Code which provides imprisonment for a period of 20 years and whipping.

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