
Muhamad Juhazei Ismail, who was also ordered to be whipped seven times, will now lose his job after the Court of Appeal dismissed his final appeal.
Judge Kamaludin Md Said, who chaired a three-member bench, said the sessions court trial judge did not err in facts in finding the appellant guilty.
“We are also maintaining the punishment by the High Court as that is the current sentencing trend for such offences,” said Kamaludin, who sat with M Gunalan and Hashim Hamzah.
On the first count, Juhazei was charged with forcing the woman to perform oral sex on him. He was also additionally charged with outraging her modesty.
Both offences were committed at a car park area in Setia Alam, Shah Alam, between 9pm and 10.30pm on Oct 3, 2017.
After the trial in the sessions court, Juhazei, 35, was sentenced to 15 years’ jail and seven strokes of the rotan for performing carnal intercourse against the order of nature.
He was also sentenced to another seven years in jail and ordered to be whipped two times for molesting the woman.
However, the sentences were to run concurrently, meaning that he would have to serve 15 years in jail but would still need to undergo nine strokes of the rotan.
Following an appeal, the High Court reduced the jail term to 10 years and the strokes to five for the first offence.
Lawyer Charan Singh represented Juhazei while deputy public prosecutor (DPP) Mohd Zain Ibrahim appeared for the prosecution.
In the same court, a former security guard escaped the gallows for trafficking in 1kg of cocaine, sourced from Brazil.
Lawyer Anita Vijaya Rajah, who represented Akram Abdul Kadir, told the bench that the prosecution had agreed to a representation and substituted the original charge with possession.
DPP Aslinda Ahad confirmed the matter, leading Akram to plead guilty to possessing the drugs at a bus terminal at KLIA in Sepang at 3.30pm on Sept 6, 2016.
He was sentenced to 12 years’ jail and ordered to be whipped 10 times.
Based on the facts of the case, a foreign acquaintance had given Akram a bag, purportedly containing gold, to be smuggled into the country.