Court Of Appeal Overturns Acquittal, Orders Self-Employed Man To Enter Defence In Child Sexual Assault Case

PUTRAJAYA, Oct 27 – The Court of Appeal has ordered a 60-year-old self-employed man to enter his defence against a charge of physically sexually assaulting a seven-year-old girl, setting aside earlier acquittals by the lower courts.

In a unanimous ruling delivered on Tuesday, October 20, 2026, a three-judge panel comprising Datuk Azman Abdullah, Datuk Hayatul Akmal Abdul Aziz, and K. Muniandy allowed the prosecution’s appeal against the High Court’s decision to acquit and discharge the accused at the end of the prosecution’s case.

Delivering the judgment, Justice Hayatul Akmal ruled that both the Sessions Court and High Court had erred in concluding that the prosecution had failed to establish a prima facie case against the accused.

Justice Hayatul Akmal stressed that the testimony of a child witness should not be discarded over minor inconsistencies regarding the frequency of incidents or incidental background details.

“Given that the victim was seven years old at the time of the incident, her testimony should be assessed in light of her level of maturity and ability to understand questions and the duty to tell the truth, rather than by the standards of accuracy expected of an adult witness,” Justice Hayatul Akmal stated, emphasizing that the victim’s core evidence remained consistent regarding the essential elements of the charge.

“Accordingly, we find that the prosecution has successfully established a prima facie case against the accused. The decisions of the High Court and Sessions Court judges are set aside, the prosecution’s appeal is allowed, and the accused is ordered to enter his defence against the charge before the Sessions Court in Butterworth,” she ruled.

The accused was represented by lawyer Andrew Chew from the National Legal Aid Foundation (YBGK), while Deputy Public Prosecutor Jasmee Hameeza Jaafar appeared for the prosecution.

Case History, Offence Details, and Legal Precedents

Key details regarding the judicial history, offense particulars, and legal principles established include:

• Lower Court Rulings: On October 5, 2023, the Butterworth Sessions Court acquitted and discharged the 60-year-old man at the close of the prosecution’s case without calling for his defence. The Penang High Court subsequently upheld the acquittal on August 2, 2024.
• Alleged Incident Particulars: The accused is charged with physically sexually assaulting the seven-year-old girl at a house in Bukit Mertajam, Central Seberang Perai, Penang, between 6:00 AM and 5:00 PM in May 2020.
• Child Witness Assessment Standard: The Court of Appeal reaffirmed that child witness testimonies must be evaluated according to the child’s developmental maturity and capacity for truthfulness, rather than applying the rigid accuracy standards used for adult witnesses.
• Remand for Defence: The case has been remitted to the Butterworth Sessions Court for the accused to formally present his defence.

–NMT