High Court throws out rape appeal case

Court — DayakDaily.com file pic. // Photo: Pixabay

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By Dorcas Ting

KUCHING, Dec 10: The High Court here today dismissed an appeal by the prosecution against a Sessions Court ruling that a police officer, who was charged with raping a female gym instructor, be acquitted and discharged.

Judge Datuk Yew Jen Kie, who was recently promoted to the Court of Appeal, ruled that there were no merits in the appeal and, therefore, dismissed it.

On June 29 this year, Sessions Court Judge Timothy Finlayson Joel ruled that accused Ernest John be acquitted and discharged.

The accused, who was then Kuching District deputy police chief, was charged under Section 376(1) of the Penal Code for raping a female gym instructor between the months of April and May 2016 at an apartment unit located at Tabuan Dayak here.

Timothy found that there was no threat or force exerted on the victim when the respondent and the victim had sex and that the case rested on consent.

In addition, the victim did not express her protest in words or acts consistent with refusals to have sex despite having sex many times from April to May 2016.

Dissatisfied with the judgement, the prosecution then filed an appeal to the High Court, and the case was heard by Yew.

The respondent was represented by Benedict Yeo, while DPP Musli Ab Hamid appeared for the prosecution. — DayakDaily