PETALING JAYA: An instructor at a government training institute was acquitted by the Johor Bahru High Court today of two counts of sexually assaulting a female student, who was 18 at the time, seven years ago.
Justice Atan Mustaffa Yussof Ahmad held that the prosecution failed to prove the two charges against the 48-year-old man beyond a reasonable doubt.
The man was accused under Section 14(a) of the Sexual Offences Against Children Act 2017 of rubbing his leg against the student’s calf and touching her bottom in a classroom.
The sessions court sentenced the man to 12 years in prison for each charge last year after finding him guilty.
In acquitting the man, Atan said the student initially lodged a police report in 2019 claiming that the teacher had started holding her hands during classes, which “disturbed” her.
“It contains no reference to the accused rubbing his leg against her calf, the very act that constitutes the first charge,” he said.
On the second charge, Atan said the girl’s claim that she was alone when the teacher rubbed her bottom was contradicted by documentary and testimonial evidence presented at trial.
The judge said two classmates who testified about the alleged touching could not confirm whether it happened because they were some distance from the student and teacher.
Atan also criticised the police investigation, saying the investigating officer never attempted to locate three potential witnesses or properly scrutinise the student’s police report.
“The duty of an investigating officer is to conduct a complete and even-handed investigation, testing both the prosecution’s narrative and any defences that emerge.
“Judged against that standard, the officer’s investigation in this case falls markedly short, as the officer admitted during cross-examination that there were ‘loopholes’,” he said.
