The Court of Appeal recently quashed the conviction of a man in a sodomy case and ordered for a re-trial to include testimonies from the two victimised boys.

Zainal Abidin bin Jahad was convicted after trial of three offences of having carnal intercourse against the order of nature with two boys aged 12 and 13 and one offence of outraging the modesty of one of them.

He was sentenced to nine years in jail and spared from whipping considering his old age. Lawyer Rozaiman Abdul Rahman, who represented Zainal in the appeal against conviction, raised 11 grounds of appeal.

The Court of Appeal Justices John Barry Mortimer, Leonard and Burrell focused on the conviction, whether certain evidence was wrongly admitted and relied upon by the trial judge.

The appellate court decided that the conviction was unsatisfactory even after the trial judge's great care in conducting the trial and comprehensive judgement.

The prosecution called in a clinical psychologist who interviewed the victimised boys and her (the clinical psychologist) statement was relied upon by the trial judge.

The trial judge, on coming to the conviction, said that the clinical psychologist's evidence that the boys would not have been able to make up stories unless they had experienced it themselves and found it to be consistent and true.

"It is difficult to imagine what admissible evidence she could give which might help to prove any particular ingredient of the offences charged," the appellate court decided.

DPP Shamshuddin Kamaluddin appeared as respondent in the appeal.

Source:
@BRUDIRECT.COM

by BruDirect.com

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