Malaysiakini News

Father jailed for 623 counts of incest, sodomy seeks retrial

Hafiz Yatim  |  Published:  |  Modified:

Despite already having his sentence reduced to 40 years' jail and 24 strokes of the rotan, the 38-year-old trust agent who pleaded guilty to 623 counts of sexual offences against his 15-year-old daughter is now seeking a retrial.

Rajesh Nagarajan, the accused's lawyer, said an appeal will soon be filed at the Court of Appeal, as his client now claims that he pleaded guilty to the charges after being assaulted by prison officers. 

"Furthermore, if one were to look at the charges, they are for offences covering various sections of the Penal Code and also the new Sexual Offences Against Children Act 2017. Certainly, he would be confused, as would many lawyers.

"He was also not represented at the Sessions Court when the sentence was pronounced," he told Malaysiakini today.

The lawyer acknowledged, however, that his client made no police report over the alleged assault.

In criminal cases, notice of appeal must be filed within 14 days of the pronounced decision. This will be the accused's final chance to appeal.

The accused, a divorced father of three, initially claimed trial to the 626 charges – that took two days to read in full – at the Special Sessions Court for Sexual Crimes against Children in Putrajaya last year.

Just a month later, however, he pleaded guilty to 623 charges, including sodomising, raping, and sexually abusing the victim for two years, and was sentenced to 48 years' jail and 24 strokes of the rotan.

After appealing the sentence, the Kuala Lumpur High Court on Friday reduced the jail term to 40 years, but maintained the 24 strokes of the rotan. 

Justice Azman Abdullah amended the sentence for incest from 28 years to 24, sodomy from 20 years to 16, sexual molestation from 20 years to 10, and sexual intimidation from 15 years to 10.

The judge, however, ordered that the sentence for sodomy, sexual molestation and sexual intimidation to run concurrently, but separate from the 24 years' jail for incest.

Rajesh, who appeared with Cyrus Tiu Foo Wei at the High Court, also questioned the possibility of his client committing carnal intercourse on his daughter up to three times daily as was alleged.

"Is it possible that the case where 623 charges were levelled is just to fulfil the prosecution's KPI (key performance index)?

"What is important is that the accused was not given legal representation when the case was at Sessions Court for such a serious offence, and he has to be accorded a retrial," the laywer added.

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