SEREMBAN: An ustaz claimed trial at the Sessions Court, here, today to three charges of sexual assault on a girl aged 14, who was his student at a private religious school.
Clad in an all-white jubah and kopiah, Mohd Hafidz Eshak, 44, who stood with his head bowed in the dock, made his plea after all the charges were read out to him before judge Mohamad Kamil Nizam.
"I understand (the charges). I plead not guilty."
Hafidz, who is the school's chairman, was accused of committing the acts by touching the girl on her chest, head, hands, back and shoulders for sexual intent on three occasions.
It allegedly took place in March, June and at 3pm on Aug 28, with the acts occurring twice at a house in Bandar Dataran Segar and at the school in Port Dickson.
The offences, framed under Section 14 (a) of the Sexual Offences Against Children Act 2017, are punishable with a maximum 20-year jail term and whipping upon conviction.
Deputy public prosecutor Nurul Balkis Zunaidi asked the court to set a date for document submission and medical report.
She asked for a 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.
He said the prosecution's suggested bail was unreasonable as it was akin to a punishment for Hafidz, who was innocent until proven guilty.
Hanif said the school runs on charity (infaq) funds from the local community and religious authorities and it does not make a profit.
"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 at 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 had 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 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 which provides 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 is appropriate and will ensure his attendance in court," he said.
The court set Oct 29 for mention.
After proceedings, Hanif said Hafidz's family would pay the bail sum for the charges, here, and at the Port Dickson magistrate's court, where he was charged with outraging the modesty of a practical teacher last month. https://www.nst.com.my/news/crime-courts/2024/09/1107132/private-religio...