KUALA LUMPUR: A security guard today claimed trial at the Sessions Court to charges of raping and sexually assaulting his eldest daughter.
The man, 40, was accused of raping his daughter, 15, between December last year and February this year.
He was also charged with sexually assaulting his daughter on Feb 14.
Both offences were committed at a public housing unit in Cheras here.
The accused entered his plea after the two charges were read out to him before judge Siti Aminah Ghazali.
The rape charge under Section 376(3) of the Penal Code carries a minimum jail term of eight years and a maximum of 30 years, along with at least 10 strokes of the rotan upon conviction.
The sexual assault charge under Section 14(b) of the Sexual Offences Against Children Act carries a maximum jail term of 20 years and whipping if convicted.
Deputy Public Prosecutor Atiqa Nazihah Azmi did not offer bail, as the offences were non-bailable, but suggested setting it at RM20,000 for each charge if the court chose to exercise its discretionary powers.
"However, we emphasise our objection to bail due to the accused's relationship to the victim as her biological father," she said.
"We need to protect her as a child witness. There is a high possibility that the accused could harass her and other prosecution witnesses."
"If the court grants bail, we request that additional conditions be imposed, requiring him to report to the police station and surrender his passport to the court."
"I also request that the court issue an order preventing the accused from residing in the same house as the victim, her mother, and prosecution witnesses until case disposal."
In mitigation, the accused, who was unrepresented, pleaded for bail.
"I ask the court for bail because I am disabled (partially blind)," he said.
Siti Aminah did not grant bail and set Oct 29 for mention.
At the magistrate's court, the accused faced three additional charges of voluntarily causing hurt to the same victim and her two younger siblings, aged 13 and 11.
He committed the offences from 11am to 8pm at the same public housing unit on Oct 14.
The charges under Section 323 of the Penal Code, read with Section 326A, carry a maximum one-year jail term and a fine of up to RM2,000, or both, upon conviction.
Deputy public prosecutor Nursyuhada Husna Sulaiman did not offer bail as the offences were non-bailable and asked the court to take into consideration that the accused had been charged at the Sessions Court.
"If the court allows bail, I ask for additional conditions to be imposed on him," she said.
In mitigation, National Legal Aid Foundation lawyer Edwin Tomas pleaded for a low bail for the accused, a divorcee caring for his seven children.
Magistrate Noorelynna Hanim Abdul Halim set bail at RM6,000 with one surety for all charges, ordering the accused not to contact the victims and to report to the police station monthly until case disposal.
She set Jan 13 for document submission and the appointment of a lawyer.