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Published: Tuesday October 27, 2009 MYT 4:58:00 PM

Former NS coach’s rape conviction overturned


KUALA TERENGGANU: The High Court here on Tuesday acquitted and discharged former National Service Training Programme coach Zuki Mohd from a charge of raping an NS trainee in 2004.

In making the decision, Judge Datuk V.T. Singham also set aside the 12-year-jail and three strokes of the rotan sentence handed to him by the Sessions Court here on Dec 19, 2005.

In his judgment on Zuki’s appeal submitted on Dec 21, 2005, seeking to set aside his rape conviction, Singham said the prosecution had failed to establish a prima facie case against the appellant.

“The Sessions Court’s decision that the complainant’s statement in the case was credible, was proven wrong especially when the appellant was called to enter his defence,” he said.

On Dec 19, 2005, Zuki, who was represented by counsel Datuk Sukri Mohamed, was found guilty by the Sessions Court of having raped the trainee in a Perodua Kancil car between 7.28pm and 9.10opm on Feb 28, 2004 at an agricultural area in Rhu Tapai, Setiu, near here.

Singham said what needed to be considered most was the complainant’s delay in lodging a police report on the incident.

“The report on the incident was lodged in April 14, 2004. No reasonable excuse was given by the complainant on why she had to take almost two months or 44 days to lodge a police report if she was raped as she claimed,” he said.

He said the complainant’s excuse that she feared making a police report as it would tarnish her family’s reputation, was unacceptable because she was the one who eventually lodged the report.

“The complainant also had a chance to tell the doctor about the incident when she was receiving treatment at the Desa Pahlawan camp in Kota Baharu, Kelantan, yet she only complained of chest pain, fever and cough,” he said.

Singham said the complainant’s credibility could be further questioned especially when her statements that she had disposed the panties she wore during the incident, that the camp officer had stopped her from lodging a police report, and that she was forced to have sexual intercourse in the car, were inconsistent.

“If she was forced (to have sexual intercourse) in the car and said that she was also slapped several times and had fought with the appellant in self defence, there should be bruises or scratches on her body, which were not given appropriate consideration by the Sessions Court judge,” he said.

Hence, he said the court found that the sexual intercourse was consensual since the complainant was already 17 years old.

Although the court found that it was morally unacceptable, he said it was not a determining factor in a criminal case.

“After much consideration, the court now sets aside the appellant’s rape conviction passed by the Sessions Court on Dec 19, 2005 and that he is acquitted and discharged,” he said.

Deputy public prosecutor Badiuszaman Ahmad appeared for the prosecution.

Meanwhile, the decision brought tears to Zuki and relief to members of his family who were in the courtroom.

Speaking to reporters later, he said he was glad that the dark clouds that shrouded him had finally dispersed.

The father of two also said the time he spent in the prison, amounting to almost four years, would be the greatest lesson in his life.

“I want to start a whole new life after this,” he said.

His mother, Siti Salbiah Mamat, 51, was also grateful that her son was finally freed.

“I know he is innocent, there is no proof that he is guilty. I have been waiting for the day that he would be released and it finally comes,” she said sobbing. -- Bernama

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