SHAH ALAM: A 22-year-old woman who goes to a hotel room with a man and lies down naked must know it is about sex, a High Court judge said.
Justice Ghazali Cha questioned the credibility of the woman who had accused a contractor, under the guise of a priest, of having sex with her on three occasions in December 2007.
"She had gone to the hotel without any force. She had taken her bath, remove her clothes and lie down on the bed.
"She had allowed him to kiss her and fondle her private parts. It is clear from the facts that it was meant to have sex.
"It is illogical that a 22-year-old woman do not know what are these acts all about," Justice Ghazali said in dismissing the prosecution's appeal against the acquittal of Lee Peck Wah, 38.
Upon hearing this, Lee thanked the judge and rushed to sit in the public gallery. He also chatted with his lead counsel Gobind Singh Deo.
Lee had claimed trial to charges of having sex with the woman after being induced into believing that he was a priest at two hotels in Klang between Dec 8, 2007 and Dec 16, 2007.
A Sessions Court had acquitted Lee on Feb 11, 2011 at the end of the prosecution's case.
However, on appeal by the prosecution, a High Court had ordered Lee to enter his defence on the charges. The same Sessions Court again acquitted Lee on April 7 last year after hearing his defence.
Justice Ghazali said the evidence given by the woman clearly showed that she had consented to the sex.
"She has no health problem or diseases. She had sex on her consciousness. She did not faint on three incidences," he said.
He said the woman's credibility was questionable especially when she had lodged a police report because of her anger as she felt cheated for the contracter had allegedly had sex with two others.
"All three charges stated (it was done) on her consent, trust and inducement that the respondent was a sami (spiritual healer)," he said.
Justice Ghazali said the prosecution had depended on four witnesses to prove the claim that the contractor was a priest but their evidences were doubtful.
"The evidence by four witnesses are in doubt as they are interested witnesses. They have discussed how to lodge a police report," he said.
The judge said the prosecution failed to prove that the contractor was a priest at a temple.
"Not a person from the temple was called (to testify).
"A witness has said that the respondent did not wear attires of the priest but believed that he was pious," he said.
He said the investigating officer also failed to explain on how he concluded that the contractor as a priest.
"I am satisfied with the Sessions Court order and there is no need to disturb the decision. The appeal is dismissed. The Sessions Court's order to acquit him is upheld," he added.
Speaking to reporters here later, Gobind said it was a good judgment as the judge has questioned the credibility of the woman, adding that she had claimed she believed the contractor could cure her using a pen and agreed for the sex.