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Free Malaysia Today
2 days ago
- Free Malaysia Today
Appeals court upholds 10-year sentence on ex-tahfiz teacher for sexual harassment
The Court of Appeal said the sentence should serve as a deterrent to the public. PUTRAJAYA : The Court of Appeal today upheld the 10-year prison sentence and two strokes of the rotan imposed on a former tahfiz school teacher for sexually harassing an 11-year-old student in a warden's room five years ago. A three-judge panel led by Justice Azman Abdullah unanimously dismissed the appeal by Tengku Mohammad Khaireel Tengku Wahab. The 32-year-old had sought to overturn the conviction and sentence handed down by the sessions court which was later affirmed by the High Court. Azman said the case not only tainted the appellant's reputation as an ustaz but had left a lasting impact on the victim. 'The appellant should have been the one to prevent such incidents from happening. We find the 10-year sentence and two strokes of the rotan appropriate and not excessive. 'This sentence should serve as a deterrent to the public not to commit such offences. The appeal is therefore dismissed,' he said. The others on the bench were Justices Noorin Badaruddin and Hayatul Akmal Abdul Aziz. Earlier, deputy public prosecutor Aznee Salmie Ahmad urged the court to uphold the sentence, describing the case as a serious breach of trust. 'The appellant abused his position as a warden and religious teacher to commit the offence in a room meant to be a safe space for students. 'Parents send their children to tahfiz centres to learn religion, not to be harmed,' she said. Aznee added that the victim had shown courage by providing a consistent and detailed account to the authorities and during court proceedings against the accused, a person well-regarded within the school community. She also submitted that the offence was not an isolated incident, but had allegedly occurred repeatedly against the victim over the course of the year. The defence argued that the prosecution had failed to call a material witness – another student who was present in the room at the time of the incident. However, the prosecution maintained that the testimony of its witnesses was sufficient to prove the elements of the offence. The appellant was represented by Shuhairil Ziqrul Sapi and Rahiza Zulkifli. On Dec 23, 2020, Tengku Khaireel was charged with two counts of physical sexual harassment. The offences were alleged to have taken place on Dec 1, 2020, at a tahfiz centre in Kuantan.
New Straits Times
2 days ago
- New Straits Times
Court upholds 10-year sentence, whipping for tahfiz warden's sexual assault on student
PUTRAJAYA: The Court of Appeal here today upheld a 10-year jail sentence and two strokes of the cane imposed on a warden of a tahfiz education centre who was convicted of two counts of physical sexual assault on a male student, five years ago. A three-judge panel led by Datuk Azman Abdullah unanimously dismissed the appeal by Tengku Mohammad Khaireel Tengku Wahab, 32, against the conviction and sentence handed down by the Kuantan High Court on Oct 17, 2023. In the judgment, he said, the court found that the testimony by the victim, who was then 11 years and six months old, was not a fabricated story, and this was supported by his complaint to a doctor at a health clinic who treated him. "The victim cried when testifying at the Sessions Court. The accusation or complaint by the victim was against an ustaz (religious teacher) who taught him. It not only tarnished the name of the ustaz, but also had a personal impact on the victim," he said. Azman, sitting with Datuk Noorin Badaruddin and Datuk Hayatul Akmal Abdul Aziz, said the court found the conviction handed down against Tengku Mohammad Khaireel to be correct and appropriate for both charges. Regarding the sentence, he said that as the appellant should be the individual responsible for preventing such an incident, a sentence of 10 years in prison and one stroke of the cane for each charge was not excessive. "This sentence should not only give fear to the appellant but also to the general public so that they do not repeat the same offence. With this, we unanimously dismiss the appeal by the appellant and the High Court's decision is upheld," he said. On Dec 23, 2020, Tengku Mohammad Khaireel was charged with two counts of committing physical sexual assault on the boy in the warden's room of the school's dormitory. He was charged under Section 14(a) and Section 14(b) of the Sexual Offences Against Children Act 2017 with committing the offence at 11.30 pm on Dec 1, 2020. On Dec 20, 2022, the Kuantan Sessions Court sentenced him to eight years in prison and two strokes of the cane for each charge and ordered the prison sentences to be served concurrently. Following a cross-appeal by the prosecution, the Kuantan High Court, on Dec 20, 2022, increased the prison sentence to 10 years on each count, to be served concurrently, and reduced the number of whippings to one stroke for each charge. Earlier, Mohd Shuhairil Ziqrul Sapi, who represented Tengku Mohammad Khaireel, submitted that the High Court had erred in ruling the victim as a credible witness because the boy had given three different versions of the incident. "The High Court erred in stating that the child's testimony was judiciously convincing and that the testimony should be scrutinised by the appeal panel carefully. "The victim's testimony cannot be said to have reached the level of judiciously convincing because the prosecution did not call two other child witnesses who were sleeping on the top bunk of a double-decker bed in the same room," he said. Deputy public prosecutor Aznee Salmie Ahmad, who appeared for the prosecution, said there was no basis to question the victim's credibility because the testimony given was consistent and was supported by the testimony of the doctor at the health clinic, the accompanying teacher and the recording officer in the case. "The victim was also emotional and cried while giving evidence in court about an ustaz who was respected in the school community. It was not fabricated but stemmed from trauma.
Sinar Daily
25-06-2025
- Politics
- Sinar Daily
Syed Saddiq walks free after winning appeal against graft conviction
In a unanimous decision, a three-judge panel, comprising Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Noorin Badaruddin allowed the former youth and sports minister's appeal and overturned his conviction and sentence handed down by the Kuala Lumpur High Court on Nov 9, 2023. 25 Jun 2025 10:31am The High Court had sentenced Syed Saddiq, 32, to seven years imprisonment, two strokes of the cane and a RM10 million in 2023 fine after finding him guilty on all four abetment charges involving Armada funds. - Bernama file photo PUTRAJAYA - Muar MP Syed Saddiq Syed Abdul Rahman walks out of court a free man today after the Court of Appeal acquitted him of all four charges of abetting in criminal breach of trust (CBT), misappropriation of property and money laundering involving party funds linked to Angkatan Bersatu Anak Muda (Armada). In a unanimous decision, a three-judge panel, comprising Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Noorin Badaruddin allowed the former youth and sports minister's appeal and overturned his conviction and sentence handed down by the Kuala Lumpur High Court on Nov 9, 2023. The High Court had sentenced Syed Saddiq, 32, to seven years imprisonment, two strokes of the cane and a RM10 million fine after finding him guilty on all four abetment charges involving Armada funds. MORE TO COME...
Borneo Post
19-06-2025
- Borneo Post
Man escapes gallows for teen's murder in Semporna
The Kota Kinabalu Court Complex. KOTA KINABALU (June 19): A 36-year-old man escaped the gallows after the Court of Appeal here on Thursday substituted his death sentence with 35 years' imprisonment and 12 strokes of the cane for the murder of a teenage girl in Semporna seven years ago. A panel of three judges — Datuk Azman Abdullah, Datuk Azhahari Kamal Ramli and Datuk Noorin Badaruddin — unanimously dismissed Alkadzman Maksidi's appeal against the Tawau High Court's decision. Alkadzman was ordered to serve the jail term from the date of his arrest on November 29, 2018. On November 23, 2022, he was sentenced to death by the Tawau High Court after being found guilty of murdering a14-year-old girl in an orchard in Semporna on November 29, 2018. He was charged under Section 302 of the Penal Code. Following amendments to the section, courts may impose a prison term of not less than 30 years and not exceeding 40 years, along with a mandatory minimum of 12 strokes of the cane, if the death sentence is not applied. Alkadzman was represented by counsel Mervyn @ Hasan Sainy.
Free Malaysia Today
21-05-2025
- Free Malaysia Today
Appeals court acquits man of drug trafficking, upholds possession conviction
Justice Azman Abdullah said Wan Efizan W Shamli's trafficking conviction was found to be unsafe due to material contradictions in the prosecution witnesses' testimonies. PETALING JAYA : A man was acquitted and discharged by the Court of Appeal of a charge of trafficking in 151.60gm of methamphetamine. Bernama reported that a three-member bench, comprising Justices Azman Abdullah, Azmi Ariffin and Noorin Badaruddin, allowed an appeal by Wan Efizan W Shamli to set aside his conviction and sentence for trafficking in the drug. Azman, who delivered the unanimous decision, said Wan Efizan's conviction was found to be unsafe due to material contradictions in the prosecution witnesses' testimonies concerning the location of the drugs at the time they were discovered. However, the court upheld Wan Efizan's conviction for possession of 28.69gm of methamphetamine. He will serve five years in prison and receive three strokes of the cane for the offence. On May 10 last year, the Shah Alam High Court sentenced Wan Efizan, 37, to 30 years in prison and 12 strokes of the cane after finding him guilty of trafficking in methamphetamine. He was also sentenced to five years in jail and three strokes of the cane for possession of 28.69gm of methamphetamine. The High Court ordered Wan Efizan to serve the sentences concurrently from the date of his arrest on May 2, 2020. The offences were allegedly committed at a house in Taman Sri Bayu, Sungai Pelek, Sepang, Selangor, about 10.30am on May 2, 2020. Wan Efizan was represented by lawyers Ariff Azami Hussein and Nur'ain Shahiera Khalid, while deputy public prosecutor Nik Fadli Nik Azlan appeared for the prosecution.
