Molest: School bus driver freed after girl no-show

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KOTA KINABALU: A 52-year-old school bus driver was freed by the Magistrate’s Court here yesterday from a charge of molesting a 14-year-old girl.

Magistrate Cindy Mc Juce Balitus granted Nishadeen Ibrahim a discharge not amounting to an acquittal (DNAA) after the victim failed to show up in court yesterday.

Counsel Farazwin Herdy applied for a DNAA on the grounds that it would be unfair for his client, who is supposed to be tried when the alleged victim did not make an appearance after the parties had waited an hour for her.

The unrepresented Nishadeen was alleged to have grabbed the victim’s chest on April 10 at 6pm in a school bus while on the way from the Marina Court to Api-Api Centre.

He was charged under Section 354 of the Penal Code for assault or use of criminal force on a person with intent to outrage modesty, which is punishable with imprisonment for a term which may extend to ten years or with fine or whipping, or with any two of such punishments upon conviction.

Prosecuting officer Azaman Hamat prosecuted in the case.

Meanwhile, a 23-year-old man will be spending the next one year behind bars for possession of a stolen Toyota Vios car.

Cindy imposed the sentence on Joji Tamayo, 23, after he pleaded guilty to the charge yesterday.

The offence, under Section 411 of the Penal Code, is punishable with imprisonment of up to five years and also liable to fine upon conviction.

Joji committed the offence on July 7 at 2.10 pm in a parking lot at University Apartment, Jalan Sulaman.

The prosecution told the court that the accused had two accomplices, 24-year-old Basir Arito who pleaded not guilty to the same charge, and 23-year-old Lee Tung Yong, who did not turn up in court.

In mitigating for a lenient sentence, Joji asked the court to expel Basir Arito from the joint charge.

“Basir was not involved and I hope the court will release him,” said the accused, who also pointed out to the court that this was his first offence.

Prosecuting officer Azaman, however, asked for a deterrent sentence as a lesson to the accused and taking into account public’s interest.

He also asked the court to refuse bail for Basir on the grounds that similar cases involving all the three accused will be brought up in court in the future.

Basir was released on RM3,000 bail with two local sureties and case management was set for August 28 and September 18 and 19 for the trial.

A warrant of arrest was issued for Lee.