Religious teacher claims trial to sexually assaulting teen, teacher
SEREMBAN: A religious teacher and chairman of a private religious school was charged in court here and in Port Dickson yesterday with sexually assaulting and outraging the modesty of a teen student and a teacher.
In the Sessions Court here, 44year-old Mohd Hafidz Eshak claimed trial to three counts of sexual assault on a 14-year-old student of a private religious school.
Clad in a white jubah and kopiah, with his head bowed while standing in the dock, Hafidz pleaded not guilty after all the charges were read out to him before judge Mohamad Kamil Nizam.
He was accused of committing the acts by touching the girl on her chest, head, hands, back and shoulders for sexual intent on three occasions.
The offences allegedly took place in March and June, and at 3pm on Aug 28, twice in a house in Bandar Dataran Segar and once at the school in Port Dickson.
The offences, framed under Section 14(a) of the Sexual Offences Against Children Act 2017 punishable under Section 14, carry a maximum 20-year jail term and caning upon conviction.
Deputy public prosecutor Nurul Balkis Zunaidi urged the court to set a date for the submission of documents and medical report.
She asked for RM50,000 bail for each charge to be imposed on Hafidz, along with conditions that he must not harass the victim and witnesses, and to report to the police station monthly.
Defence lawyer Datuk Hanif Hassan, at the onset of his mitigation for bail, clarified that Hafidz was not linked to the case of Global Ikhwan Service and Business Holdings (GISB).
He said the prosecution’s suggested bail was unreasonable, likening it to a punishment on Hafidz, who is innocent until proven guilty.
Hanif said the school runs on charity funds from the local community and religious authorities.
“A total bail of RM150,000 is huge and I ask for a lower sum. His family and friends have raised less than RM10,000.
“Earlier, he was charged in the Port Dickson magistrate’s court with a sexual assault offence and a RM4,000 bail was imposed.
“Now they are left with RM6,000. My client said he is okay with any additional conditions imposed on him,” said Hanif, who offered his services pro bono.
After hearing the submissions, Kamil set bail at RM12,000 with one surety.
He ordered Hafidz to surrender his passport to the court, report to the nearest police station and barred him from harassing the victim and witnesses directly or through third parties.
The judge said in determining the bail sum, he took into consideration the ability of bailors and other factors such as the punishment, the probability of the accused not attending court proceedings due to a low bail sum and public interest.
“In this case, the accused was charged with three counts that provide for a jail term of up to 20 years and whipping upon conviction.
“I feel these offences carry heavy sentences. So I feel the bail sum and the additional conditions fixed are appropriate and will ensure his attendance in court,” he said.
The court set Oct 29 for mention.
Earlier, in Port Dickson, Hafidz was charged with outraging the modesty of a practical teacher last month.
He pleaded not guilty when the charge was read to him by the court interpreter before magistrate Uthman Abd Ghani.
Hafidz is accused of committing the offence against the 19year-old victim at 6.40pm on Aug 11, in one of the buildings at the school.
The charge carries a maximum 10 years’ imprisonment, a fine or whipping, or both if convicted.
Deputy public prosecutor Mohamad Azriff Firdaus Mohamad Ali prosecuted and the accused was represented by lawyers Datuk Hanif Hassan and Nur Haifa Husna Zuhaimi.
Azriff proposed bail at RM50,000 considering the seriousness of the case, which has generated public interest.
Hafidz’s lawyers, however, appealed for lower bail on the grounds that the accused has financial difficulties.
The court later set bail at RM4,000 with one surety. The court also ordered the accused to not harass the victims or prosecution witnesses. The case has been fixed for mention on Oct 17.