Discharge but no acquittal for Tuaran driver accused of sexually assaulting six-year-old

KOTA KINABALU (March 3): The Sessions Court here has granted a discharge not amounting to acquittal to a private car driver from a charge of sexual physical assault against a child six years ago.

Judge Amir Shah Amir Hassan issued the order on the 53-year-old at the request of the prosecution.

Deputy public prosecutor Bryan Francis told the court that the complainant in this case had withdrawn his police report against the accused.

The complainant, who was present in court, testified that he already lodged another police report to withdraw his earlier report against the driver.

Counsel Muhamad Amirul Amin raised no objection to the prosecution’s request.

Muhamad Amirul had previously on May 16, 2025 informed the court that his client is a disabled persons (OKU) card holder.

The man was accused of kissing the then six-year-old girl’s face, touching her thighs, and sucking her private part for sexual purposes in September 2020 in a car, which was on the way from a kindergarten to a house in Tuaran.

He was charged under Section 14(a) of the Sexual Offences Against Children Act 2017.

The indictment provides for a jail term of up to 20 years and caning upon conviction.

Amir Shah also ordered for the accused’s bail deposit to be refunded to him.