IPOH: Former state executive councillor member Paul Yong has been ordered to enter his defence on a charge of raping his Indonesian domestic helper more than two years ago.
High Court judge Datuk Abdul Wahab Mohamed ruled yesterday that the prosecution had proven a prima facie case against Yong after taking into consideration all the evidence adduced throughout the trial.
He said the decision was made after weighing all submissions, exhibits, and after citing several previous judgements.
“Several elements were considered, including the statement by the obstetrician and gynaecologist on the fresh tear in the hymen of the victim.
“Besides that, the victim’s statement has also been consistent throughout, on the penetration without consent, on her screaming and trying to fight back during the incident, as well as her screams being unheard when her arm was pulled due to the closed door,” he said.
“Her statement that she was unable to fight back due to the accused being large in body size and strong, as well as her running to the bathroom to clean herself up after feeling dirty, disgusted and insulted, are all taken into consideration,” he remarked.
State prosecution director Azlina Rashdi prosecuted, while Yong was represented by lead defence counsel Datuk Rajpal Singh and Salim Bashir.
Yong, who is the Tronoh assemblyman, was ordered to enter his defence on Feb 15 and 16, and has chosen to give his statement under oath with a witness statement.
On Aug 23, 2019, Yong claimed trial at the Ipoh Sessions Court to a charge of raping his then 23-year-old maid.
The offence was allegedly committed in a room on the top floor of his house in Meru Desa Park on July 7 that year, between 8.15pm and 9.15pm.
He was charged under Section 376 (1) of the Penal Code, which carries a jail term of up to 20 years and whipping, if found guilty.
On Dec 15 last year, the Federal Court allowed an application by the defence to transfer the case to the High Court.
The prosecution called 23 witnesses, including two protected witnesses, to testify during the trial which began on April 5.
When met outside the court, Rajpal said the defence team respected the decision by the judge.
“We are looking at calling four witnesses, and my client is innocent until proven guilty,” he added.
A consular officer from the Indonesian Embassy, Rijal Al huda, said he hoped that the victim would get justice, saying it has been over two years since the case began.
“She has been disconnected from her family and hometown for years,” he added.