A former national aquatics squad coach charged with raping a diving athlete in 2017 has been set free for the third time by the courts today.
“The defence focused on the issue of time lapse between the time the accused was at the dry gym and his return to the pool as recorded by CCTV, which accorded more with the version of the defence that there was not enough time for the rape to have occurred,” he said adding that this did not support the case of the prosecution.
The judge further said the medical report and the evidence by the doctor who examined the victim merely found the existence of an old tear, in which the victim admitted that she did have a sexual relationship with a boyfriend previously. “The trial court is therefore correct in the judgment that the prosecution had not proved the case beyond reasonable doubt. There is in my judgment no appealable error.
However, on Oct 31, 2018, the High Court ordered him to enter his defence after allowing the prosecution’s appeal against the Sessions Court’s decision to acquit and discharge him.
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