Kuala lumpur: Former Tronoh assemblyman Paul Yong Choo Kiong began serving his eight-year sentence at Kajang Prison today, following the Federal Court's decision to uphold his rape conviction. A three-member bench, led by Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh, unanimously dismissed Yong's final appeal against the conviction of raping his maid six years ago.
According to BERNAMA News Agency, Justice Wan Ahmad Farid, sitting with Federal Court judges Datuk Nordin Hassan and Datuk Hanipah Farikullah, stated, "The conviction is safe and the majority decision in the Court of Appeal is appropriate." Yong, 55, had appealed a ruling by the Court of Appeal, which upheld the High Court's original conviction of raping his 23-year-old Indonesian maid. In July 2022, the High Court sentenced Yong to 13 years' jail and two strokes of the cane; however, in March 2024, the Court of Appeal reduced the sentence to eight years, maintaining the two strokes of the cane.
Justice Wan Ahmad Farid explained that Yong had challenged the application of Section 265A of the Criminal Procedure Code, contending that his right to a fair trial was denied because the victim, who was the 15th prosecution witness, gave evidence in a closed session without being seen by the accused or defence counsels. The victim had testified under the provisions of Section 20 of the Witness Protection Act 2009 and Section 265A of the Criminal Procedure Code as the key witness.
However, Justice Wan Ahmad Farid found that there had been no miscarriage of justice against Yong, nor was the prosecution's case prejudiced by this procedure, as the victim was lawfully classified as a protected witness. He further stated that the Federal Court was satisfied that the victim was a credible witness and that the High Court had been correct to accept her testimony. "The trial judge is the most appropriate party to assess the demeanour of witnesses when giving testimony in the High Court," he said.
Justice Wan Ahmad Farid noted that Yong's counsel raised the issue that the appellant's DNA was not found on the mop used to clean his client's semen in the room. He explained that the evidence showed the victim had cleaned the liquid with a mop already soaked with soap and then washed it. He emphasized that the DNA evidence was only corroborative and would not affect the prosecution's case if there was sufficient evidence to prove the elements of the offence of rape beyond a reasonable doubt.
He also addressed PW15's failure to inform her mother about the rape at the Indonesian embassy two months after the incident, explaining that she felt guilty and wanted to prevent her mother from worrying. Justice Wan Ahmad Farid pointed to the victim's personal diary, where she expressed feelings of self-hatred and described herself as 'dirty and disgusting'.
Furthermore, Dr Nila Wati (PW5) testified that she found fresh tears at the victim's hymen during an examination at Ipoh General Hospital, indicating possible penile penetration. CCTV evidence also confirmed that Yong was alone with the victim at the time of the incident. The victim testified about Yong's threats against her if she revealed his conduct to his wife.
The court concluded that the key elements of the charge under Section 376(1) of the Penal Code, namely, penetration and a lack of consent from the victim, were proven beyond a reasonable doubt. "In conclusion, the appellant's appeal is dismissed. We hereby issue a committal order against the appellant," said Justice Wan Ahmad Farid.
Yong committed the offence in a room at his house in Ipoh, between 8.15 pm and 9.15 pm on July 7, 2019. He was charged under Section 376 of the Penal Code, which carries up to 20 years imprisonment and is liable to caning, subject to subsections (2), (3), and (4). Deputy public prosecutors Mohd Amril Johari and Mohd Fuad Abd Aziz appeared for the prosecution, while Yong was represented by counsel Datuk Hisyam Teh Poh Teik.