BY Fadley Faisal
THE High Court recently handed a seven year jail term and three strokes of the cane to a local man after finding him guilty of sodomising his 15-year-old nephew.
The defendant, whom the victim calls ‘Uda,’ shared a family home with the victim and his family.
The defendant was charged with two counts of sodomy on his nephew – in 2005 and 2010. He faces a further charge of outraging the modesty of his nephew in 2012. All crimes were performed at the forenamed family house.
During the trial, DPP Hajah Suhana binti Haji Sudin’s case stated the defendant had started sodomising the victim since he was five. Justice Dato Paduka Haji Hairol Arni bin Haji Abdul Majid found the prosecution and witnesses – which included the victim – to have proven the case beyond the court’s reasonable doubt, and the victim’s testimony to be credible.
The court found the defendant’s denials of the charges unbelievable.
In sentencing the defendant, Justice Dato Paduka Haji Hairol Arni said that “it is obvious there is no suggestion the victim ever consented to these acts.
“Other jurisdictions have now accepted and considered sodomy or buggery as an act of male rape. I may say that the recent amendment to the punishment provision reflected this,” added Justice Dato Paduka Haji Hairol Arni.
He said that it was a ruthless act on an innocent and helpless minor who has and will continue to suffer emotional and psychological effect from the trauma.
“As recommended by the clinical psychologist, the victim may need to undergo continued counseling and support for him to develop trust with other people,” Justice Dato Paduka Haji Hairol Arni said, when pondering the circumstances of the case in arriving on a sentence for the defendant.
-- Courtesy of Borneo Bulletin