
Judge Surita Bidin made the decision after the defence rejected the prosecution’s offer to prefer an alternative charge, under Section 377E of the Penal Code, for inciting a child to commit an act of gross indecency, Bernama reported.
Habib Noh Zairi, 22, Khunais Fathie Khabil, 21, Fawzun Azim Ismail, 21, and Ahmad Nadzful Izham Azizan, 23, were originally charged with sexual assault under Sections 14(a) and 14(b) of the Sexual Offences Against Children Act 2017 last September.
Based on the provision, the four face imprisonment for up to 20 years and whipping, if found guilty.
Lawyers Hanif Hassan and Wajih Zakwan Hanif, representing the accused, requested the court to set the trial dates.
Earlier, Surita sought confirmation on whether the trial against the accused would be conducted jointly or separately.
Deputy public prosecutor Nurul Balkis Zunaidi informed her that she had not yet consulted the Attorney-General’s Chambers regarding the matter as she was only informed about the defence’s rejection of the alternative charge yesterday.
“This case involves different victims, and I believe it should be conducted separately,” she said.
“A joint trial order has not yet been issued because we are still in the negotiation phase. I only received information yesterday that the defence had rejected the offer of the alternative charge,” she said.
The court then set March 19 for mention of the case.
On Sept 19, Habib, Khunais and Nadzful claimed trial to 14 counts of sexual assault on boys aged between nine and 11.
On Sept 20, Fawzun pleaded not guilty to six charges of sexual assault on four boys aged between nine and 11.