BUTTERWORTH: The High Court here has upheld the decision of the Sessions Court to acquit and free a former principal of a secondary school on four counts of committing physical sexual assault against four male students in 2018.
Judge Fathiyah Idris made the ruling on Zainuren Mohamed, 59, after studying all the facts and was satisfied with the trial judge who had made a maximum and appropriate examination of all the testimony of prosecution witnesses.
"Examining the testimony of the sixth prosecution witness (SP6) in the examination-in-chief and later cross-examination, there appeared some contradictions - there was an allegation of a series of sexual incidents, but when cross-examined, SP6 admitted that the incidents did not happen.
"The High Court is of the view that the matter could only be determined by SP6 but SP6 could not determine the matter. There appeared some contradictions in SP6’s testimonies,” she said.
As such, the prosecution had failed to prove a prima facie case against Zainuren.
Deputy public prosecutor Muhammad Shahrezal Mohd Shukri appeared for the prosecution while the accused was represented by lawyers E. Gnasegaran, Audrey Wee Li Ye and Vikneshwaran Sehgar.
On May 24 last year, Zainuren was freed by the Sessions Court here without ordering him to enter his defence over the charges.
In January 2019, Zainuren pleaded not guilty to four counts of committing physical sexual assault on four male students, aged between 11 and 14, at a school in Permatang Tok Jaya here, between April 16 and Oct 10, 2018. - Bernama