Weakness in prosecution’s case sees accused acquitted and discharged.
- Testimony by victim presumptuous, contradicts with testimony of other witnesses
- Prosecution failed to prove alleged action by accused was made without victim’s consent
National diving squad coach Huang Qiang was acquitted and discharged by the Kuala Lumpur Sessions Court on Monday on a charge of raping a national diver without calling for his defence.
Judge Noradura Hamzah ordered Huang, 36 and from China, to be released after finding that the prosecution had failed to establish a prima facie case against him.
“The court finds most of the testimony by the victim is merely presumptuous and when compared with the testimony of other witnesses, namely the victim’s cousin and investigation officer in the case, there were material contradictions.
“The failure by the prosecution to call other material witnesses and independent witnesses, namely workers who saw the accused and the victim at the time of the incident such as workers shows weakness in the prosecution’s case,” she said.
She said the prosecution also failed to prove that the alleged action by the accused was made without the victim’s consent.
“There was no evidence by the victim on the issue of consent as mentioned during the trial. On the issue of the victim not putting up a struggle because of fear cannot be accepted because the victim herself is strong and fit and capable of fighting to avoid the incident,” she said.
Quang was charged with raping the national diver, then aged 20, at the National Aquatic Centre in Bukit Jalil at 5.30 pm on Sept 26 last year.
The man, who has obtained Malaysian citizenship, was charged under Section 376(1) of the Penal Code, which provides an imprisonment for up to 20 years and whipping, if found guilty.
The prosecution was conducted by deputy public prosecutor Hafizza Sauni, while lawyer Mohd Hisham Md Nen represented Quang.
A total of 15 prosecution witnesses testified during the hearing of the case which began last Jan 19.