Court of Appeal Rejects Review Application, Upholds 8-Year Sentence for Bus Driver
Background
The Court of Appeal today dismissed a former bus driver’s application to review the eight-year jail sentence imposed on him for sodomising an 11-year-old boy in a bus in 2016.
Court Ruling
A three-member panel comprising Justices Ahmad Zaidi Ibrahim, Zaini Mazlan, and Ahmad Fairuz Zainol Abidin ruled that there was no merit in Kassim Tahir’s review application. Zaidi said Kassim had failed to show any exceptional circumstances warranting the panel’s interference with the decision of the previous Court of Appeal panel.
Evidence of Incompetence
Kassim’s lawyer, G Subramaniam Nair, argued that the previous Court of Appeal panel failed to address or overlooked the incompetence of Kassim’s previous lawyer in handling the facts and law in his case, which had led to a mistrial. He contended that the evidence showed a "designed criminal conspiracy" to implicate Kassim with those charges.
Prosecution’s Response
Deputy public prosecutor Fairuz Johari countered that the issue of counsel competency was without merit, as it had not been raised during the proceedings at the High Court or before the previous Court of Appeal panel. He also argued that there were no exceptional circumstances that warranted a review of the case.
Previous Court Rulings
On September 20 last year, a Court of Appeal panel comprising Justices Hadhariah Syed Ismail, Azman Abdullah, and SM Komathy Suppiah reinstated the sessions court’s decision to convict Kassim of the offence. The panel reduced Kassim’s prison term from 10 years to eight years and set aside the whipping sentence initially imposed on him.
Timeline of Events
- July 16, 2019: Kassim was convicted by the sessions court of three counts of sodomy and sentenced to 10 years in prison and one stroke of the cane on each charge.
- September 8, 2020: The High Court overturned the sessions court’s decision and acquitted and discharged Kassim, leading the prosecution to appeal to the Court of Appeal.
- September 20 last year: A Court of Appeal panel reinstated the sessions court’s decision to convict Kassim of the offence.
Conclusion
The Court of Appeal has upheld the eight-year jail sentence imposed on Kassim Tahir for sodomy. The court has rejected his application to review the sentence, citing a lack of evidence of "flagrant incompetence" by his former lawyer during his trial.
Frequently Asked Questions
- What was the original sentence imposed on Kassim Tahir?
- 10 years in prison and one stroke of the cane on each charge
- What was the reduction in Kassim’s prison term?
- 2 years, from 10 years to 8 years
- What was the outcome of Kassim’s review application?
- The Court of Appeal rejected his application to review the sentence, citing a lack of evidence of "flagrant incompetence" by his former lawyer.