Ahmad Zaini Bakar, 58, was sentenced to 12 months jail after a three-member bench allowed the prosecution’s appeal against the quashing of his conviction and sentence.

The High Court had in 2019 freed Zaini of the charge and set aside his seven-month jail term and RM4,000 fine imposed by a magistrates’ court.

Today, the Court of Appeal bench chaired by Abdul Karim Abdul Jalil reinstated the conviction of the magistrates’ court in 2018 and enhanced the sentence.

The court issued a warrant of committal for Zaini to be taken to prison as today’s appeal was final.

Karim said there was merit in the prosecution’s appeal and the bench was satisfied that the High Court judge had erred in his findings.

“We set aside the acquittal and reinstate the conviction by the magistrates’ court,” said Karim, who sat with Vazeer Alam Mydin Meera and M Gunalan.

Karim said the jail term and fine were also manifestly low. The sentence for the offence carries a jail term of up to 10 years, a fine, or whipping or a combination of both punishments.

Zaini committed the offence at a hotel room in Pulau Ketam near Klang at about 11.45am on May 20, 2016.

Deputy public prosecutor How May Ling today submitted that in a sexual offence case of this nature, the court could rely on the rule of prudence rather than law to convict an accused based on uncorroborated evidence.

She said the magistrate was satisfied beyond doubt that the incident had taken place.

According to the facts of the case, Zaini had organised an outreach programme where the victim, then 32, and another female teacher were participants.

However, only the victim was present. After the programme ended, the accused booked two hotel rooms to rest as the next ferry from the island to Klang was around noon.

In her testimony, the victim said Zaini barged into her room and closed the door before removing his tie and shirt and molested her.

The victim related the incident to a friend later that day and lodged a police report two days later.

Some time in August, Zaini made an admission in writing before the headmaster of the school where the teacher was serving.

The victim attempted to withdraw her report but the prosecution proceeded to charge Zaini.

Lawyer Ahmad Ishrakh Saad submitted that the conviction was unsafe as there were no witnesses.

He later told reporters Zaini would lose his gratuity and pension after 30 years of service since a jail term had been imposed.