High Court upholds rape acquittal of ex-national diving coach
A former national diving coach was composed when the Kuala Lumpur High Court this morning upheld his acquittal of raping a national diver in 2017.
Standing in the dock, Huang Qiang looked calm as Justice Mohd Nazlan Mohd Ghazali dismissed the prosecution’s appeal to quash the accused’s acquittal by the Kuala Lumpur Sessions Court.
Reading out his judgment, Nazlan ruled that the lower court had not erred in its decision that the defence succeeded in raising reasonable doubt in the prosecution’s case against Huang, 38....
A former national diving coach was composed when the Kuala Lumpur High Court this morning upheld his acquittal of raping a national diver in 2017.
Standing in the dock, Huang Qiang looked calm as Justice Mohd Nazlan Mohd Ghazali dismissed the prosecution’s appeal to quash the accused’s acquittal by the Kuala Lumpur Sessions Court.
Reading out his judgment, Nazlan ruled that the lower court had not erred in its decision that the defence succeeded in raising reasonable doubt in the prosecution’s case against Huang, 38.
Nazlan said that the Sessions Court had relied on the evidence presented before it during trial in making the ruling that the defence succeeded in raising reasonable doubt in the prosecution’s case.
The High Court judge said the defence had raised the issue of time lapse regarding the alleged rape incident at a dry gym at the National Aquatic Centre at the Bukit Jalil Sports Complex, Sri Petaling, Cheras, Kuala Lumpur, at 5.30pm on Sept 26 2017.
“In my judgement, there is no appealable error and (the High Court) affirms the acquittal of the accused,” Nazlan (below) ruled.
After proceedings, Huang was seen donning a green face mask and quickly exiting the court.
DPP Nur Asyikin Mokhtar prosecuted while counsel Mohd Hisham Md Nen appeared for Huang.
On Jan 31 last year, the Kuala Lumpur Sessions Court acquitted Huang of the rape of the national diver.
Sessions Court judge Noradura Hamzah had ruled that the defence succeeded in raising reasonable doubt in the prosecution’s case against Huang, who was from China but granted Malaysian citizenship.
Huang was charged under Section 376 (1) of the Penal Code, which specified a maximum jail sentence of 20 years and whipping.
On April 9, 2018, the Sessions Court acquitted Huang without calling his defence, on grounds that the prosecution failed to prove a prima facie case against the accused.
However the prosecution later appealed, and then on Oct 31, 2018, the High Court reversed the initial acquittal and ordered Huang to enter his defence.
