Tuesday, November 29

Man gets 18 years, eight strokes for sodomising disabled minor


KOTA KINABALU(Sept 29) : The Sessions Court here on Thursday sentenced a man to 18 years behind bars plus eight strokes of the cane for sodomising a disabled minor three years ago.
Judge Elsie Primus imposed the sentence on Ernest Vaxter Harrison, 44, after she found the accused guilty under Section 377C of the Penal Code.

The indictment provides for a jail term of up to 20 years and whipping, upon conviction.

The court convicted Ernest of committing carnal intercourse against the order of nature on the 17-year-old victim at a hostel in Kudat between April 21, 2019 and April 22, 2019.

Ernest, who was represented by counsel Adam George Aludah, submitted that his client was a first-time offender and the accused, who has four kids, is the sole breadwinner of his family.

The counsel also submitted that the accused had been very cooperative throughout the trial.

In reply, the prosecution prayed for a heavier sentence be imposed on the accused.

The prosecution submitted that the victim did not know what the accused had done to him because of his condition but this matter came to light only when he complained about pain on his anal.

The prosecution had called 10 witnesses to testify against Ernest while the accused was the sole defence witness.

The accused will serve his sentence from Thursday and his application for a stay of execution, pending an appeal to the High Court here was not allowed.