Health officer cleared of 7 unnatural sex charges twice, but appeal court overturns acquittal
A Malaysian health officer who had been acquitted of seven unnatural sex charges has been ordered to enter his defence after the Court of Appeal overturned the earlier decisions.
Mohd Faris Helmi Ab Rahim, 38, had first been acquitted and discharged by the Pasir Mas Sessions Court in April 2024 after the judge found that prosecutors had failed to establish a prima facie case against him.
That decision was later upheld by the Kota Bharu High Court in December 2025.
However, on Oct 1, a three-member Court of Appeal bench allowed the prosecution’s appeal and ruled that a prima facie case had in fact been established, reported The Star.
Accused of offences involving bakery owner
According to the seven charges, Faris allegedly had unnatural sex with a 34-year-old woman, who owned a bakery, at two locations in Kelantan.
The alleged incidents took place in a car in front of a religious secondary school in Pasir Mas and at a petrol station in Salor between July 2019 and September 2021, reported Malay Mail.
He was charged under Section 377B of Malaysia’s Penal Code, which carries a maximum jail term of 20 years and whipping upon conviction.
Appeal court says lower court applied wrong standard
Justice Noorin Badaruddin, who chaired the appellate bench, said the Sessions Court had erred by applying the “beyond reasonable doubt” standard too early, at the close of the prosecution’s case.
The court also found that the lower court had wrongly treated consent as something prosecutors had to prove at that stage.
The woman’s evidence, Justice Noorin said, was direct evidence concerning the alleged acts and was not inherently unbelievable.
“A witness’s credibility may be challenged, but that does not mean the evidence is intrinsically incapable of belief.
“Whether the witness’s evidence ultimately withstands proper scrutiny at the conclusion of the entire case is a matter that should be decided after the respondent has been given an opportunity to answer the prosecution’s case,” she said.
The High Court was also found to have failed to correct the Sessions Court’s error.
The case has now been sent back to the Pasir Mas Sessions Court before a different judge, with case management fixed for Oct 15.
*This article was produced with AI assistance.
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