The High Court ruled that the sessions court erred in refusing an application to adjourn the trial to allow Fathi Na’im Mazlam to obtain legal representation. (Bernama pic)PETALING JAYA: The Klang High Court has acquitted and discharged independent preacher Fathi Na’im Mazlam of one count of sexual assault and two of rape involving a 13-year-old girl, allegedly committed about five years ago.Bernama reported that Justice Roszianayati Ahmad delivered the decision yesterday after allowing the 34-year-old’s appeal to set aside his conviction and sentence imposed by the Kuala Lumpur sessions court last year.The High Court ruled that the sessions court erred in refusing an application to adjourn the trial to allow Fathi to obtain legal representation.The judge held that the refusal prejudiced Fathi, forcing him to conduct his own defence throughout the trial proceedings.During the appeal, Fathi was represented by counsel Fazaly Ali Ghazali, while deputy public prosecutor Redza Azhar Rezali appeared for the prosecution.On Sept 18 last year, the Kuala Lumpur sessions court sentenced the preacher to 15 years’ imprisonment and three strokes of the cane after finding him guilty of the three charges.Judge Noridah Adam ruled that the defence had failed to raise a reasonable doubt at the close of the case.Under the first charge, Fathi was accused of sexually assaulting the 13-year-old girl in a car at the Dataran Eco World car park in Bandar Baru Puncak Alam in June 2021.The charge was brought under Section 14(a) of the Sexual Offences Against Children Act 2017, which provides for up to 20 years’ imprisonment and whipping upon conviction.He also faced two counts of raping the same girl in a car at the Dataran Eco World car park in early July 2021 and on July 27, the same year.The charges were framed under Section 376(1) of the Penal Code, which provides for up to 20 years’ imprisonment and whipping upon conviction.
Summary from source