Judge Tasnim Abu Bakar, in delivering the ruling, said the prosecution failed to establish a prima facie case against the father of eight.

The judge said she found the testimony of the alleged victim, the key prosecution witness, unreliable.

She said the court had allowed the defence’s application to initiate impeachment proceedings after the witness was alleged to have given answers that conflicted with testimony previously given before another sessions court in Klang.

“The court finds that the witness’s testimony cannot be categorised as credible or unusually convincing. As such, the prosecution has failed to establish a prima facie case on the charge,” said Tasnim.

The judge also said the court had come to its conclusion based on a maximum evaluation of the testimony of all prosecution witnesses, as well as the oral and written submissions by both parties.

The prosecution had called 11 witnesses, including the victim’s mother, police and medical officers.

Lawyer Ashraff Diah represented Fathi, while deputy public prosecutor Siti Pervinah Yusof appeared for the prosecution.

On Dec 1, 2022, Fathi was charged with raping the girl at a hotel in the city centre between 2am and 10am in December 2021.

Two days earlier, he was slapped with nine charges of rape, sexual assault, and sexual intercourse with an object involving the same girl before Klang sessions court judge Noridah Adam.

The alleged offences were said to have taken place between June 2021 and February 2022.

On Sept 18, 2025, Noridah sentenced him to 15 years’ imprisonment and three strokes of the cane after finding him guilty of two rape charges and one charge of sexual assault.

Proceedings on the remaining six charges have yet to begin.

The Klang High Court allowed him a stay of execution pending appeal.