KUALA LUMPUR — April 9, 2018: National diving coach Huang Qiang was acquitted and discharged by a court today on a charge of raping a diver without calling for his defence.
Sessions judge Noradura Hamzah ordered Huang, 36, from China to be released after finding that the prosecution had failed to establish a prima facie case.
“The court finds most of the testimony by the victim as merely presumptuous and when compared with the testimony of other witnesses, namely the victim’s cousin and investigation officer, 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, shows a weakness in he prosecution’s case “ she said.
She ruled that the prosecution had also failed to prove that the 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.
Huang was charged with raping the diver at the National Aquatic Centre in Bukit Jalil in September last year. — Bernama