11 April 2013| last updated at 11:51PM
Bomoh found guilty of molest
PUTRAJAYA: A bomoh who molested a female student on two occasions at his house during treatment for hysteria was sentenced to nine months' jail.
The Court of Appeal ordered Mohamed Yazid Yahaya, 54, to begin his imprisonment from yesterday after allowing the public prosecutor's appeal against the High Court's ruling.
On the first charge he was sentenced to six months' jail, and nine months' jail on the second charge, the terms to run concurrently.
Yazid was on RM5,000 bail with one surety.
A three-man bench chaired by Datuk Seri Mohamed Apandi Ali yesterday said the only issue before the court was whether there was miscarriage of justice in that the trial court had failed to follow provisions under section 257 of the Criminal Procedure Code. That provision state that it was incumbent for the trial judge to explain procedures to an accused who is unrepresented.
"Based on the facts of the case, there was no miscarriage of justice," Apandi said.
The judge also highlighted that Yazid had cross-examined prosecution witnesses and this was a strong inference that he understood the proceedings and procedures.
Yazid committed the offences at his house in Taman Bukit Jambul, Penang, on May 8 and 11, 2005.
The girl, then 17, was a friend of the accused's daughter.
Deputy Public Prosecutor Samihah Rhazali told the bench yesterday that Yazid only engaged a lawyer after he and his daughter gave evidence at the defence stage.
