| Fadley Faisal |
THE Court of Appeal dismissed the Public Prosecutor’s appeal against the Intermediate Court’s decision to acquit a local man of allegations of outraging modesty, rape and attempted rape of his daughter.
Justices Barry Mortimer, Leonard and Burrell agreed that the Intermediate Court judge found that there was no sufficient or detailed evidence of rape or even attempted rape to support a conviction and therefore acquitted him of the charges.
On outraging modesty charges, the Justices of the Court of Appeal were also satisfied that the judge noted that the particulars in the charges were, at times, incongruent with the girl’s evidence without explanation.
Justice Mortimer noted the judge’s comments that her decision did not reflect on the credibility of the girl nor did it mean that she did not believe her.
“The judge was not satisfied to the high standard required in a criminal prosecution, namely proof beyond reasonable doubt,” the Justices decided.
DPP Nurjauinah Hj Kula appeared for the appellant and lawyer Ahmad Basuni Hj Abbas for respondent.