BUTTERWORTH: A school principal who was charged with four counts of physical sexual assault on four male students four years ago has been freed by the Sessions Court here.
Judge Noor Aini Yusof, in acquitting and discharging Zainuren Mohamed, 59, said the prosecution had failed to prove a prima facie case against the accused.
In her judgment, Noor Aini said there were contradictions in the evidence given by the mother of one of the victims and the victim himself.
She also said that there were contradictions in the evidence given by two teachers who were called to the stand and the other prosecution witnesses.
"One of the witnesses – the first person who brought up this allegation – was not called to testify," she said in the Butterworth court on Tuesday (May 24).
Attributing the decision to deficiencies in the case, Noor Aini said the court concluded that if the accused chose to remain silent even if his defence was called, it was not safe for the court to convict the accused based on the available evidence.
During the course of the trial, a total of nine prosecution witnesses were called to the stand to testify.
Zainuren was represented by counsels E. Gnasegaran, Audrey Wee and S. Vickneshwaran while Deputy Public Prosecutor Muhamad Syeqal Che Murat prosecuted.
In January 2019, Zainuren pleaded not guilty in four separate Sessions Courts here 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.
He was charged under Section 14 (a) of the Sexual Offences against Children Act, which provides for a jail sentence of up to 20 years and whipping, if convicted.