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A three-member bench chaired by Suraya Othman dismissed Kamarul Azamin Mohamed’s appeal, both against conviction and sentence.
The bench also dismissed the prosecution’s appeal for a harsher sentence.
Suraya, who sat with Abu Bakar Jais and M Gunalan, said the fine of RM10,000 for each offence was “not manifestly inadequate”.
“Moreover, he is a first offender and there are likely consequences of him losing (his) job and pension,” she said.
Suraya, however, said the conviction was safe as the boy was a credible witness and his evidence was corroborated by his friend.
“He informed the friend soon after the incident and it is contemporaneous evidence,” she said, adding that they maintained the conviction and sentence imposed by the High Court.
Kamarul, 40, was initially charged with inciting a child under the age of 14 to an act of gross indecency at the teacher’s room on May 4, 2016 and again on May 6 at the computer room in a school in Brickfields.
The offence carries a jail term of three to 15 years, with mandatory whipping.
The sessions court sentenced him to eight years in jail and one stroke of the rotan for each of the offences. The jail term was to run concurrently.
On appeal, the High Court substituted the charges to outraging modesty, which carries a jail term of up to 10 years or a fine or whipping.
Kamarul was then fined RM10,000 for each offence.
Deputy public prosecutor How May Ling submitted today that public interest demands that a custodial sentence be imposed and this was reflected in past Court of Appeals rulings.
“This is a case of a teacher-pupil relationship where the element of trust was involved,” she said.
Lawyer Taqiyuddin Yahya, who appeared for Kamarul, submitted that the fine was adequate should the court dismiss the appeal against conviction. Kamarul had paid the fine soon after the High Court’s verdict.
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