THE Court of Appeal today ordered a teacher to enter his defence on charges of forcing three female students to perform oral sex on him almost six years ago.
Justices Hanipah Farikullah, Ahmad Nasfy Yasin and Ghazali Cha, who presided over proceedings, allowed the prosecution’s appeal to set aside the lower court’s decision in acquitting and discharging Mohd Noor Zaini Zulkifli of the charges at the end of the prosecution’s case.
In the court’s decision, Justice Hanipah, who chaired the three-member panel, said the court found that the prosecution had established a prima facie case against Noor Zaini, 48.
She ordered Noor Zaini to enter his defence and remitted the case to the Ampang Sessions Court.
Justice Hanipah also fixed July 19 for mention of the case at the Sessions Court.,
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The Sessions Court had acquitted and discharged Noor Zaini, who is currently suspended, of the charges without calling for his defence.
The prosecution then appealed to the High Court but was unsuccessful, prompting a subsequent appeal to the Court of Appeal.
Noor Zaini was charged with three counts of allegedly forcing the three girls, who were then aged nine, to perform oral sex on him in a music room of a primary school in Ampang at 3.35pm on October 19, 2016.
He was charged under section 377C of the penal code, which carries a maximum 20 years’ jail, and shall also be liable to whipping.
Deputy public prosecutor Atiqah Abdul Karim prosecuted while Ariff Azami Hussein represented Noor Zaini. – Bernama, July 5, 2022.