The accused is escorted to the holding cell at the courthouse.
KUCHING (Aug 31): The Sessions Court here yesterday ordered an unemployed Algerian man to enter his defence on three charges of incestuous acts and one charge of sexual assault against his now 14-year-old daughter.
Judge Dayang Ellyn Narisa Abang Ahmad found that the prosecution has succeeded in proving a prima facie case against the 50-year-old accused.
She also ordered the man to enter his defence on Oct 28 and 31.
According to the three charges framed under Section 376B(1) of the Penal Code which provides for 30 years in prison and caning, the accused was alleged to have committed incest against his daughter in 2012, 2014 and May 2019.
The three charges were allegedly committed at a village in Petra Jaya here.
It is also understood that the man, a former gym trainer, had wed a local woman and has been living here ever since.
He was also ordered to enter his defence for a charge framed under Section 14(a) of the Sexual Offences Against Children Act 2017, for allegedly committing physical sexual assault against his daughter in March 2020.
The section provides for up to 20 years’ jail and whipping, upon conviction.
Dayang Ellyn meanwhile discharged and acquitted the man on a charge of criminal intimidation against his daughter, and a fourth charge of incest against the girl, after ruling the prosecution had failed to prove a prima facie case against him.
He allegedly committed criminal intimidation against his daughter by threatening to kill her in May 2019, an offence listed under Section 506 of the Penal Code which provides for a jail term up to seven years, or a fine, or both, if convicted.
The fourth incest charge was for an alleged act committed in May 2020.
DPP Danial Mohamad Ali prosecuted, while the accused was unrepresented by counsel.