JOHOR BARU: A 23-year-old youth was charged at the Sessions Court here today with two counts of sexual assault against a 4-year-old boy.
The accused, Muaz Saifullah, was in tears when the charges were read by an interpreter before judge Siti Noraida Sulaiman.
Initially, he pleaded guilty to the charges between sobs. However, on the advice of his lawyer, who calmed him down, Muaz changed his plea to not guilty to both charges.
He was accused of two counts of physical sexual assault. He allegedly kissed the boy's lips and performed oral sex on him.
The alleged offence was said to have occurred in Muaz's bedroom at his family's home on Jalan Sri Stulang 1, Taman Sri Stulang, between 7.30am and 6.30pm on Oct 30.
He was charged under Section 14(a) of the Sexual Offences Against Children Act 2017, which carries a maximum penalty of 20 years in prison and whipping upon conviction.
Deputy public prosecutor Nur Farah Wahida Shahudin told the court that the offences were non-bailable. However, she proposed a bail amount of RM20,000, with one surety, should the court allow bail.
She recommended additional conditions - the accused should not contact witnesses, should report to the nearest police station monthly and surrender his passport.
Muaz's counsel, Mohammad Muzammil, requested the court to exercise discretion and to allow bail, claiming Muaz was not a flight risk.
"My client has a permanent address and lives with his family. He works in Bandar Dato' Onn, earns between RM1,500 and RM2,000 a month, and supports his family, including his mother, father and younger sibling who is still in school. He has no prior criminal record and this is his first court appearance," he told the court.
He added that if bail was granted, Muaz, who does not have a passport, would be able to secure the bail with his father's assistance. He would comply with the additional conditions, including relocating to Taman Kota Jaya, in Kota Tinggi, which is a considerable distance from the victim's residence.
Judge Siti Noraida asked what was Muaz's relationship with the victim, given that both their residences were nearby.
The prosecution revealed that Muaz's mother was the victim's babysitter and they lived in the same block in the housing estate.
The court granted bail of RM15,000, with strict conditions forbidding Muaz from approaching or contacting the victim and the prosecution's witnesses.
He is required to stay away within a six-kilometre radius from them. He is also required to report monthly to the nearest police station.
The case was set for mention on Jan 28 for document submission.