Appeal court upholds nine-year prison sentence and flogging for former primary school teacher accused of sexually assaulting a 10-year-old student

PUTRAJAYA, Sept 23 – The Court of Appeal today upheld a nine-year prison sentence and two strokes of the cane against a former primary school Arabic teacher for sexually abusing a 10-year-old student.

Earlier, a three-judge panel of the Court of Appeal chaired by Datuk Ahmad Zaidi Ibrahim had dismissed the appeal by 38-year-old Mohd Shahril Shaffie against his conviction and the 2020 judgment of the Putrajaya District Court.

In a unanimous decision, Justice Ahmad Zaidi said the court found that Mohd Shahril's appeal was without merit.

He said it was also no mistake on the part of the trial judge when he sentenced Mohd Shahril to nine years in prison and two strokes of the cane, and that the verdict was upheld by the Kuala Lumpur High Court in February last year.

Ahmad Zaidi said the court disagreed with the appellant's counsel that the sentence imposed by the trial judge was excessive.

“In this case, the complainant is a teacher entrusted with the guidance of children but has abused his position to such an extent that the victim has been traumatised and the reputation of the school has also been tarnished by the complainant’s actions.

“The offence committed by the accused is serious. Therefore, the accused's appeal against the conviction and sentence is dismissed,” said Judge Ahmad Zaidi, who also ordered Mohd Shahril to begin serving his prison sentence from today.

Also on the panel were Judge of Appeal Datuk Azmi Ariffin and High Court Judge Datuk Noorin Badaruddin.

Mohd Shahril was found guilty of sexually abusing the boy by holding the victim's private parts at his (the accused's) house in Subang Bestari, Shah Alam on November 22, 2018 between 12.15pm and 12.45pm.

The charge was brought under Section 14(a) of the Sexual Offences Against Children Act 2017.

On September 30, 2020, the Special Courts for Sexual Crimes against Children found Mohd Shahril guilty of physical sexual abuse of the 10-year-old boy and sentenced him to nine years in prison and two strokes of the cane.

Judge Yong Zarida Sazali also ordered Mohd Shahril to undergo rehabilitation counselling for eight years and to be under police supervision for three years after serving his prison sentence.

Deputy Public Prosecutor Mohamad Arif Aizuddin Masrom appeared for the prosecution while lawyer Aqbal Shiffudin represented Adnan Sallehuddin Mohd Shahril. – Bernama

* If you suspect child abuse, call the following hotlines for free and confidential support: Talian Kasih on 15999 or WhatsApp 019-2615999 (24 hours); Talian BuddyBear on 1800-18-2327 (BEAR) (noon to midnight daily); and One Crisis Centre (24 hours) Wilayah Persekutuan on 03-26155555 (Kuala Lumpur General Hospital), 03-61454333 (Sungai Buloh Hospital) or 03-83124200 (Putrajaya Hospital).