PUTRAJAYA – The Court of Appeal here today fixed March 1 to decide on former Tronoh assemblyman Paul Yong Choo Kiong’s appeal against his conviction and sentence of 13 years in jail and two strokes of the cane for raping his maid.
A three-member bench led by justice Datuk Hadhariah Syed Ismail set the date after hearing the appeal.
Sitting with justice Hadhariah are justices Datuk Azman Abdullah and Datuk S.M. Komathy Suppiah.
Earlier, lawyer Datuk Hisyam Teh Poh Teik, representing Yong, said his client had been denied the right to a fair trial.
He said an effective cross-examination could not be achieved because the witness’ face, who is also the victim, could not be seen when she testified.
“It is important for the appellant to meet and face the accuser (victim). It is an accused person’s right to cross-examine a witness without unnecessary constraint.
“Body language, for instance, changes in postures, facial expressions, wild gestures and sudden changes in voice are part and parcel of demeanour, which provide an acid test of credibility,” he added.
Hisyam said the trial judge had erroneously invoked Section 265A of the Criminal Procedure Code in favour of the victim, who was the 15th prosecution witness.
“This provision will kick in when the prosecution applies to court to protect the identity of the witness and upon such application, the court will hold an inquiry in camera without the participation of the accused or his counsel.
“The evidence will be given in such a manner that the witness will not be visible and only the voice will be heard,” he said.
Deputy public prosecutor (DPP) Mohd Amril Johari argued that it was normal for a rape victim to testify in court without facing any party except the judge who heard the trial.
“The appellant’s claim that he did not get a fair trial is not true because he has the right to cross-examine the victim,” said Amril, who is assisted by DPP Mohd Fuad Abd Aziz.
On July 27, 2022, the high court in Ipoh found Yong guilty of raping his 23-year-old Indonesian maid in a room of his house in Ipoh, Perak, between 8.15pm and 9.15pm on July 7, 2019.
Yong was given a stay of execution pending his appeal to the Court of Appeal.
The high court also allowed Yong to be released on bail of RM30,000 with one surety and ordered him to surrender his passport to the court.
The high court judge, Datuk Abdul Wahab Mohamed, in his decision, said the court agreed with the prosecution that Yong’s defence that the rape incident did not occur is not credible and is merely a denial and an afterthought. – January 30, 2024