Appeal Court Reverses Acquittal, Orders Health Officer to Face Unnatural Sex Charges

In a landmark ruling, Malaysia's Court of Appeal nullified the High Court's affirmation of a Sessions Court acquittal of health officer Mohd Faris Helmi Ab Rahim on seven counts of unlawful sexual conduct under Section 377B. Chaired by Datuk Noorin Badaruddin, the bench concluded that the lower courts erred by demanding proof of consent at the prosecution stage, rather than allowing the defence to challenge the victim’s credibility.

The court determined that the victim’s statements constituted admissible direct evidence and ordered Faris to present his defence. The case has been remitted to the Pasir Mas Sessions Court, with a case-management date set for Oct 15. The offences, alleged to have occurred between July 2019 and September 2021 in locations including a car near a religious school and a petrol station, carry up to 20 years imprisonment and whipping.