Former Civil Servant Jailed 18 Months for Molesting Client 15 Years Ago

KUALA LUMPUR, March 2 – A 15-year legal saga reached its conclusion today as the Court of Appeal upheld the conviction and 18-month prison sentence of a former civil servant for outraging the modesty of a young woman. The court ordered the defendant to begin his sentence immediately, bringing an end to a case that has moved through multiple levels of the Malaysian judicial system.

A three-member bench, chaired by Datuk Supang Lian and joined by Datuk Hayatul Akmal Abdul Aziz and K. Muniandy, delivered the unanimous decision. The panel dismissed the appeal filed by 57-year-old Zolkapli Long @ Mohamad, who had sought to overturn a previous High Court ruling that found him guilty.

Justice Muniandy, who read the written judgment, stated that the High Court had not erred in its assessment of the evidence. The bench was satisfied that the prosecution had successfully established a case beyond a reasonable doubt, affirming that the criminal force used against the victim was intentional and unlawful.

Following the dismissal of the appeal, the court issued a warrant of committal against Zolkapli. The former civil servant had previously been granted a stay of execution on his sentence while awaiting this final appearance, remaining free on a RM20,000 bail with one surety. With the apex court of the appeal process now having spoken, his bail was revoked, and he was led away by court police to begin his incarceration.

The criminal act dates back to October 20, 2011. According to the facts of the case, the incident took place at approximately 2:45 PM within a government office in Langkawi.

The victim, who was only 19 years old at the time, was a client seeking services at the agency where Zolkapli was employed. The prosecution argued that Zolkapli took advantage of his position of authority to assault the young woman with the intent to outrage her modesty. He was subsequently charged under Section 354 of the Penal Code, which carries a penalty of up to 10 years in prison, a fine, whipping, or any two of such punishments.

The road to justice for the victim was marked by significant legal shifts:

• 2022 (Magistrate’s Court): Over a decade after the initial report, the Magistrate’s Court initially acquitted and discharged Zolkapli, citing insufficient evidence to convict.
• 2023 (High Court): The prosecution appealed this acquittal. The High Court judge subsequently set aside the lower court’s decision, finding Zolkapli guilty of the charge and sentencing him to 18 months in prison.
• 2026 (Court of Appeal): Zolkapli’s final attempt to challenge the conviction was heard today. The appellate court’s affirmation ensures the 2023 sentence is carried out in full.

In today’s proceedings, Deputy Public Prosecutor Atiqah Abdul Karim @ Husaini appeared for the respondent (the Prosecution), arguing for the maintenance of the sentence due to the gravity of the breach of trust by a public servant.

Zolkapli was represented by a legal team including G. Ravishankar and Muhammad Nizam Zaidi, with lawyer Fozi Addhwa Mohammad Fozi mentioning the case on their behalf.

The conclusion of this case serves as a significant reminder of the judiciary’s stance on sexual harassment and the protection of citizens interacting with public officials, even when justice takes years to manifest.