No fair trial, alleged rape victim’s face hidden - Paul Yong’s lawyer

Former assemblyperson Paul Yong did not get a fair trial as the alleged rape victim was hidden behind a screen during her testimony against him, the former’s legal team told the Court of Appeal.

Lawyer Hisyam Teh Poh Teik told the three-person bench chaired by Hadhariah Syed Ismail today that Yong’s legal team was unable to properly cross-examine the accused’s then-domestic maid during the rape trial in a lower court.

The counsel pointed out that the Ipoh High Court had erred in allowing the prosecution’s application for the 15th witness to testify under camera per the Witness Protection Act 2009.

This resulted in the maid testifying behind a screen in court when giving evidence about Yong’s (above) purported rape against her.

Hisyam submitted that a face-to-face cross-examination is critical so that Yong’s legal team can carry out their grilling based on the demeanour of the maid while on the witness stand.

The lawyer pointed out that nobody could see the witness’ posture or demeanour, and that while the judge could see (the maid), the defence counsel was unable to do so.

“There was no open confrontation between the accuser and accused.

“Under common law, there is the right of the accused to (confront) face to face with the accuser, which is a facet of a fair trial.

“There must be equality and fairness, but in this case, there was none, and an eye-to-eye and face-to-face confrontation was severed.

“An open face-to-face time is important for the accused’s cross-examination (against the maid) in a fair trial,” Hisyam told the bench, which also comprised of judges Azman Abdullah and SM Komathy Suppiah.

The lawyer then urged the appellate bench to allow Yong’s appeal, and either grant him a discharge and acquittal (DAA) or at least expunge the maid’s testimony and order a retrial of the case at the lower court.

However, deputy public prosecutor Mohd Amril Johari countered that the rape trial against Yong was still fair as while the witness was hidden behind a screen, the accused’s defence team was still able to confront her verbally during cross-examination.

Decision on March 1

Hadhariah then remarked that when she was a Sessions Court judge, it was normal for her to preside over rape trials where the victims are placed on a separate floor of the courthouse, and that the victim’s testimony would be screened to the courtroom where the full trial is commencing.

The bench then set March 1 for decision on the appeal by Yong, who used to be a member of DAP and is now part of Parti Bangsa Malaysia (PBM).

On Jul 27, 2022, the Ipoh High Court sentenced Yong to 13 years in jail and two strokes of caning after finding him guilty of raping his maid in 2019.

Judge Abdul Wahab Mohamed ruled that the defence failed to raise reasonable doubt in the prosecution’s case.

However, the court allowed Yong’s bid for a stay of execution of the sentence, pending appeal.

It also allowed Yong bail of RM30,000 in one surety and ordered him to surrender his passport to the court.

Yong was accused of raping the 23-year-old maid in a room on the first floor of his house in Meru Desa Park, Ipoh, Perak, between 8.15pm and 9.15pm on July 7, 2019.

Framed under Section 376 (1) of the Penal Code, the charge carries a jail term of up to 20 years and whipping.

Hisyam to lead defence team in ex-Tronoh rep's appeal

Will Paul Yong's son, DAP's Tiw step out of his shadow in Tronoh?

Saviour or traitor? Four 'frogs' in Perak confident of GE15 survival

Fearing EC rejection, Paul Yong sends son to defend Tronoh

PBM fields son of convicted Tronoh rep in his seat