Tuesday, November 9, 2010

Having considered all evidence, I am left in no reasonable doubt

Former teacher gets 36 years and whipping for raping girl, 12

Published: Wednesday November 10, 2010 MYT 12:24:00 PM
Updated: Wednesday November 10, 2010 MYT 2:14:17 PM

KOTA KINABALU: A former teacher at a private school here has been sentenced to a total of 36 years in jail and four strokes of the rotan after being found guilty of two charges of raping his 12-year-old student earlier this year.

Sessions Court judge Duncan Sikodol ordered Adrian Simon, 31, to be imprisoned 18 years for each charge but allowed the jail term to served concurrently.

He also allowed a stay of execution pending an appeal.

Adrian was accused of raping the the 12-year-old girl between February and March this year at about 2.10 to 3.30pm.

He was also accused of raping the girl at about 10.25am on March 26.

The offences were alleged to have taken place at the store room of the school’s science laboratory.

Both charges under Section 376(2)(e) of the Penal Code provided for a jail term of up to 30 years and whipping.

Duncan said he found that the “very credible and consistent” evidence from the girl was enough to convict Adrian.

“Although I am aware of the danger of convicting the accused on uncorroborated evidence and having warned myself of the same, given the very credible and consistent evidence of the victim, I think it is safe to rely on her evidence alone as it outweighs the inherent risks.

“Having considered all evidence, I am left in no reasonable doubt that the accused is guilty of both charges against him,” he said.

Adrian’s counsel Khairul V Othman immediately asked the court for a lenient sentence as his client had been cooperative with the authorities and suffered much anguish since his arrest.

In pressing for a deterrent sentence, Deputy Public Prosecutor Luke Ressa Balang said as a teacher, Adrian had the responsibility of caring for his students and that he had breached this trust.

“He raped a young girl. Imagine the stress and humiliation her family has to endure,” he added.

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