KUALA LUMPUR: At 64, he was sentenced to four years' jail on two counts of molesting his neighbour's teenage daughter.

Former taxi driver, Montha Mohamed Kasim, now 68, had already served most of his jail term when he began getting ill.

He was diagnosed with prostate cancer two months ago.

At the High Court yesterday, Judge Suraya Othman, who took pity on him, granted his appeal and set aside the sentences meted out by the magistrate's court in 2004.

Instead, Suraya ordered for him to be released on a two-year good behaviour bond of RM5,000.
Montha, now wheelchair-bound, claimed trial 11 years ago to two charges of molesting a 17-year-old girl along a sidewalk of a low-cost flat in Sentul at 8.30pm on May 9, 1997.

On June 2, 2004, he was sentenced to two years' jail for each offence, the sentences to run consecutively.

Counsel Chong Joo Thian, representing Montha, told the court that his client had been hospitalised since June and had undergone surgery last Saturday.

Suraya said that based on facts, the incident occurred due to a misunderstanding when Montha tried to grab the girl.

"This condition is probably a punishment for what he had done to her.

"The court does not have to punish him as God has already done so."

She said as the girl testified that she smelt alcohol in Montha's breath, he was probably drunk when it happened.

"Next time, don't fight with your neighbours and think carefully before behaving like that," she told Montha.

Suraya said Montha was also unable to work due to the disease and was repentant of his actions.