Ex-army corporal acquitted of 17 charges, including 15 molestation counts

MELAKA: A former army corporal was acquitted and discharged by the Ayer Keroh magistrate's court here today of 17 charges, including 15 counts of molesting a male recruit at Terendak Camp in 2023.

Magistrate Uthman Abd Ghani made the decision after finding that the prosecution had failed to establish a prima facie case against the accused, Mohd Amanah Habhijullah, 38.

He said the dates and times for each charge had not been specified, leaving the prosecution case heavily reliant on the evidence of the complainant, who was also the first prosecution witness (SP1).

"The court found that SP1 could not recall the dates of the incidents, while the prosecution alleged that the 15 offences occurred between August and October 2023.

"SP1 could only recall one date, Oct 14, 2023, after referring to the police report," he said when delivering his brief judgment at the end of the prosecution's case today.

Uthman said there were discrepancies between SP1's police report and his testimony in court, particularly concerning the accused's actions after the alleged incident on Oct 14, 2023.

He said the court also found discrepancies in the evidence relating to two charges involving causing injury, including the allegation that the accused hit SP1 with a broomstick and kicked him in the chest on Oct 15, 2023.

According to Uthman, the testimonies of several witnesses concerning the incident differed, including on whether SP1 was hit on the head, whether the broomstick broke and whether there was any bleeding.

"For the 17th charge, there were also discrepancies concerning the presence of another witness at the scene.

"SP1 initially said there was another witness, but after the police report was referred to, he said only he and the accused were at the location," he said.

Uthman said although SP1 had experienced trauma and depression following his relationship with the accused, the prosecution case was still riddled with discrepancies and reasonable doubt, and was not supported by sufficient evidence in law.

The court subsequently acquitted and discharged Mohd Amanah of all 17 charges, ruling that the prosecution had failed to establish a prima facie case and that it would not be safe to call on the accused to enter his defence.

Deputy public prosecutor Syauqi Mardia Baharudin prosecuted, while the accused was represented by lawyer S Daniel.

After the proceedings, Mohd Amanah appeared emotional and expressed gratitude over the court's decision.

He described the case as defamatory.

"...For 2 years and 4 months, I was disappointed because I was accused. That is why I wanted to fight this case because I knew I was being accused by him (the complainant) without evidence," he said.

A total of 11 prosecution witnesses testified during the trial.

On March 15, 2024, media reported that the accused was first charged in court with 17 offences, including 15 counts of molesting a male army recruit.