Perak Headmaster Jailed 20 Years For Sexual Assault On Student & Making Child Porn

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A headmaster was sentenced to 20 years in prison and 11 strokes of the cane by the Court of Appeal after being found guilty of producing child pornography and physically sexually assaulting a 12-year-old female pupil five years ago

On 28 October, a three-judge panel led by Datuk Noorin Badaruddin, alongside Datuk Radzi Abdul Hamid and Datuk Meor Hashimi Abdul Hamid, dismissed the final appeal of the accused, Anuar Kintan, 59, against his conviction for producing child pornography.

According to Berita Harian, the court also allowed the prosecution's appeal against the discharge and acquittal granted by the lower court on the physical sexual assault charge.

For the first charge, the court upheld the nine-year prison sentence and eight strokes of the cane previously imposed on Anuar by the Ipoh High Court

For the second charge, the Court of Appeal sentenced him to 10 years' imprisonment and one stroke of the cane, along with a further one-year prison sentence and two strokes of the cane under Section 16(1) of the Sexual Offences Against Children Act 2017.

The court ordered the prison sentences for both charges to run consecutively from today, bringing the total sentence to 20 years in prison and 11 strokes of the cane.

Anuar was also ordered to undergo police supervision for two years upon completing his prison sentence.

For the first charge, Anuar was accused of producing child pornography by taking photographs of the victim, who was 12 at the time, at a primary school in Perak at 10am on 3 April 2021

The offence was framed under Section 5 of the Sexual Offences Against Children Act 2017, read together with Section 16(1) of the same Act.

In her judgment, Noorin said the testimony of the victim, referred to as the fourth prosecution witness (PW4), the photographs recovered, and the results of the forensic examination of the accused's mobile phone supported the conviction.

"PW4 identified Anuar as the individual who took the photographs, while the photographs marked as P11A and P11B displayed the victim's body.

"The forensic examination conducted also identified the said images in the mobile phone belonging to the accused," she said.

Noorin noted that the defence suggested the photographs might have been received from someone else or that the phone could have been accessed by other parties

"However, the court is of the view that an alternative explanation which is merely suggested does not necessarily raise a reasonable doubt when the entirety of the evidence is evaluated.

"The court also finds that the alibi defence presented lacks a sufficient basis to set aside the findings of the lower court," she said.

For the second charge, Anuar was accused of committing physical sexual assault at the school on the same date and time

"The lower court had discharged and acquitted the accused of the charge after accepting the alibi defence, including the testimony of his wife, the seventh defence witness (DW7), who claimed they were at home on the day of the incident.

"However, the Court of Appeal found that the testimony of another of the victim's friends (PW5), who accompanied her to school on the morning of the incident, materially supported the prosecution's evidence," she said.

According to her, PW5 said they arrived at the school at approximately 9.30am before going to the headmaster's office.

"PW5 then saw the victim and the accused exiting the office together. About half an hour later, the victim returned before they left the school.

"On the way home, the victim told PW5 that the accused had touched her body," she said.

She added that the burden of proof remained on the prosecution throughout the proceedings and that the court's decision was based on the evidence as a whole, including PW4's testimony, which was supported in material respects by PW5's observations

"The court is satisfied that the prosecution has proven the second charge beyond a reasonable doubt, thus allowing the prosecution's appeal and convicting Anuar under Section 14(a), read together with Section 16(1) of the Sexual Offences Against Children Act 2017," she stated.

However, the Court of Appeal dismissed the prosecution's appeal against two other sexual assault charges and upheld Anuar's discharge and acquittal.

The prosecution was conducted by Deputy Public Prosecutor Azlina Mahmod, while lawyer Amir Khusyairi Mohamad Tanusi represented the accused.

If you or someone you know may be at risk or has experienced sexual abuse or assault, please reach out to these Malaysian organisations:

1. WOMEN'S AID ORGANISATION (WAO)
Operating hours: 24-hour
Contact: +603-30008858
SMS/WhatsApp: +6018-9888058
Website | Facebook | Twitter

2. ALL WOMEN'S ACTION SOCIETY (AWAM)
Operating hours: Weekdays (9.30am – 4.30pm)
Contact: +603-78770224
WhatsApp: +6016-2284221 | +6016-2374221
Email: [email protected]
Website | Facebook | Twitter

3. WOMEN'S CENTRE FOR CHANGE PENANG (WCC PENANG)
Operating hours: Weekdays (9am – 5pm)
Contact: +604-2280342 | +604-3988340
WhatsApp: +6011-31084001 | +6016-4390698
Email: [email protected]
Website | Facebook | Twitter

4. SARAWAK WOMEN FOR WOMEN SOCIETY (SWWS)
Operating hours: Monday to Friday (9am to 5.30pm)
Contact: +6082-422660
SMS/WhatsApp: +6013-8044285
Email: [email protected]
Website | Facebook | Twitter

5. SABAH WOMEN'S ACTION-RESOURCE GROUP (SAWO)
Operating hours: Monday to Friday (9am to 2pm)
Contact: +6088-280200
Email: [email protected]
Website | Facebook | Twitter

6. PROTECT AND SAVE THE CHILDREN (PS THE CHILDREN)
Operating hours: Monday to Friday (8.30am to 5.30pm)
Contact: +6016-2273065 | +6016-7213065
WhatsApp: +6016-7213065
Email: [email protected]
Website | Facebook | Twitter

7. INTERNET WATCH FOUNDATION (IWF)
Anonymously and confidentially report child sexual abuse content and non-photographic child sexual abuse images with IWF's Reporting Portal.

8. HEAL
Contact: 15555