IPOH, Nov 16 — The High Court will pronounce its judgment on Tronoh assemblyman Paul Yong who is accused of raping his former Indonesian maid two years ago, on December 7.
Judge Datuk Abdul Wahab Mohamed set the date for decision after listening to the oral submissions from the prosecution and defence teams today.
“I need time to evaluate the submission, notes, documents and evidences before making any decision,” he said.
During submission, the defence lawyer Datuk Rajpal Singh argued that the prosecution had failed to present conclusive evidence that proved beyond reasonable doubt that Yong had raped the Indonesian woman.
“Basically the whole evidence is now based on the victim. She accused Yong of raping her and medical support that she has a fresh tear on her hymen.
“However, the doctor said that the fresh tear can happen either by force, penetration by penis, or it can also happen by self-pleasure of masturbation using blunt objects or fingers of the victim itself. So it’s not conclusive,” he said.
Rajpal also argued that there was no forensic evidence to back the woman’s assertion that she was raped and by Yong beyond her words.
“There was no forensic evidence, no DNA or semen of the accused was found on her or her clothes, or on the floor or on the bed,” he told the court.
But deputy public prosecutor Azalina Rashdi submitted that the DNA evidence was not found as the victim had cleaned her room where the act was said to have happened by mopping the floor and washing the bedsheet with detergent in the washing machine.
Rajpal countered this by that arguing that the authorities can still find the DNA of two other unknown individuals on the floor even after it was supposedly mopped.
He insisted that it was not possible for Yong to have raped the victim within 13 to 14 minutes as suggested by the prosecution.
“No question was posed by the prosecution to victim whether she was alone during the said period. The fact that they rely on closed-circuit television to show that the accused’s wife and his son has left the house during the period of the time also can’t be established.
“No evidence shows that the person in the car from the CCTV was my client’s wife and no evidence that shows that the victim was alone with my client during the alleged time of the incident,” he argued.
Azalina, who is Perak prosecution director, rebutted that it is possible for an individual to rape someone in the short period of time and cited the doctor’s statement.
Rajpal then raised the argument that the victim did not complain about the incident to Yong’s wife or son, or to her own mother.
But Azalina said the victim did not complain to the accused’s wife as she was threatened, and added that there had been intimidations made against her previously that strengthened her fear.
“This is the reason why the victim did not inform the matter to the accused’s wife. Also this is why she had called and reported the matter to the Indonesian Embassy,” she said.
But Rajpal questioned why the victim failed to raise the past threats made to her to the Indonesian Embassy.
Yong, 51, has pled not guilty when he was charged with raping his Indonesian domestic helper at his house in Meru Desa Park on July 7, 2019 between 8.15pm and 9.15pm.
The case was first heard in the Sessions Court on August 23, 2019, when Yong was the state Housing, Local Government, Public Transport, Non-Islamic Affairs and New Villages Committee chairman.
On December 15 last year, the Federal Court allowed an application by the defence to transfer the case to the High Court.
Source: Malay Mail
