: A handball athlete in the 2013 Malaysia Games (Sukma) was acquitted and discharged by the Sessions Court here today on a charge of raping a chaperone two years ago without calling for his defence.
Judge Abu Bakar Manat made the decision after finding that the prosecution had failed to establish a prima facie case against Adib Adha Ismail, 20, at the end of the prosecution case.
"The victim could not ascertain whether the accused raped her or not. Instead, she could only identify one of the three accused charged with raping her.
"There is nothing that can be linked with you, except the DNA on a towel, but it is not a direct evidence that can show your presence at the scene," he added.
Adib Adha was charged with raping the 20-year-old woman in a room at the sports village at Universiti Putra Malaysia (UPM), Serdang, at 4.10 am on July 4, 2013.
He was charged on July 11, 2013, with two others -- Megat Farzeril Faiz Megat Razali, 21, and Mohammad Shaizzad Md Shafie, 21, both handball athletes -- with raping the woman at the same place and time.
They were charged under Section 376 (1) of the Penal Code, which carries an imprisonment for up to 20 years and is liable to whipping, if found guilty.
However, on Oct 9 last year, they were given a discharge not amounting to an acquittal by the Sessions Court due to the absence of the witness in the case.
They were, however, charged again with the same offence at the Sessions Court on Nov 3, 2014. Only Adib Adha was present in court then.
The prosecution was conducted by deputy public prosecutor Nur Aishah Ahmad Zakiuddin, while Adib Adha was represented by lawyer Guok Ngek Seong.