KUALA LUMPUR: Former national diving coach Huang Qiang was today set free for the third time from a charge of raping a diving athlete three years ago.
This was after the High Court upheld the Sessions Court’s decision which acquitted and discharged Huang on April 9, 2018 and Jan 31, last year.
Judge Mohd Nazlan Mohd Ghazali made the decision after dismissing an appeal by the prosecution.
In his findings, Nazlan said the defence had raised the issue of a time lapse in which the closed-circuit television (CCTV) at the dry gym, where the alleged incident took place, had recorded a more detailed version of the defence’s case.
“The defence focused on the issue of a time lapse between the time the accused was at the dry gym and his return to the pool as recorded by the CCTV.
“The version of the defence showed that there was not enough time for the rape to have occurred,” he said, adding that this does not support the case of the prosecution.
Nazlan said in totality of the evidence, he found that the trial judge did not err when reaching the decision that the accused had raised a reasonable doubt against his charge.
He said the trial court was correct in its judgment that the prosecution had not proved the case beyond reasonable doubt.
“It is in my judgement that there is no appealable case.
"I therefore dismiss the appeal and affirm the acquittal and discharge of the respondent on the charge framed against him,” the judge said.
Deputy public prosecutor Nur Asyikin Mokhtar prosecuted while Huang was represented by counsel Mohd Hisham Md Nen.
Huang, 38, who is from China, was charged with raping the victim, a national diver who was then 20-years-old, at a dry gym at the National Aquatics Centre at the Bukit Jalil Sports Complex, Sri Petaling here, at about 5.30pm on Sept 26, 2017.
The man, who has obtained Malaysian citizenship, was charged under Section 376(1) of the Penal Code, which provides for imprisonment of up to 20 years and whipping, if found guilty.
Huang was first acquitted without having his defence called on April 9, 2018, after the court found that the prosecution had failed to establish a prima facie case against him.
He was subsequently ordered to enter his defence after the court allowed an appeal by the prosecution against his acquittal.
However, he was released again on Jan 31, last year, after he succeeded in raising a reasonable doubt in the prosecution’s case.