Appeals court upholds Paul Yong's rape conviction, reduces jail term

Former Tronoh assemblyperson Paul Yong failed in his appeal to quash his conviction over the alleged rape of his maid five years ago.

However, the appellant succeeded in reducing his jail sentence from 13 years to eight years.

A three-person Court of Appeal bench chaired by judge Hadhariah Syed Ismail in a majority 2-1 verdict dismissed the Parti Bangsa Malaysia (PBM) politician’s appeal over the conviction while allowing the appeal on sentencing.

Speaking on behalf of appellate bench chairperson Hadhariah in the majority verdict, Azman Abdullah ruled that the lower trial court had not erred in convicting the appellant.

Azman said the victim's testimony was strong and not affected by material contradiction, adding that this was further strengthened by medical reports by doctors who examined the maid.

Azman noted that the examining doctors found freshly torn hymen and abrasion on her private parts, which the medical experts opined was due to recent injury and consistent with sexual intercourse.

The appellate judge pointed out that there was sufficient opportunity for Yong to commit the crime against the maid when both were left in the house for 30 minutes on the day of the incident, following the appellant's wife and son having driven to a nearby McDonald’s.

Dissenting rule

However, in reading out her minority judgment, Court of Appeal judge SM Komathy ruled that Yong ought to be acquitted due to his conviction being unsafe.

In reading out her dissenting ruling, Komathy said there was a material contradiction in the Indonesian maid's claims as she initially only complained of not being treated well by Yong, before changing this to alleged rape a short while later.

"There is a difference between not being treated well by an employer and being raped by an employer," she ruled.

Komathy also opined that it is difficult to accept that Yong would run the huge risk of raping the Indonesian maid in his house when his wife and son could return on short notice, due to the McDonald’s being a short distance away.

She noted that no DNA evidence was tendered during the trial to show Yong had committed rape against the maid.

The whole three-person appellate bench was unanimous in allowing Yong's appeal to reduce his jail sentence from 13 years to eight years, which is to run from the date of sentencing by the High Court.

The bench also allowed the defence team's application to stay the execution of the sentence, pending appeal to the Federal Court.

When met by the media after appellate proceedings, defence counsel Hisyam Teh said they respect the decision of the majority ruling but will appeal to the apex court and seek a full acquittal.

“We respect the decision of the majority. At the same time, there is a strong dissent given by Justice Komathy.

“We have applied for stay, the court has allowed us to stay. This matter will be taken up to the Federal Court, where all the issues will be canvassed again," Hisyam said.

Guilty as charged

On July 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 against the former DAP member.

However, the court allowed the 53-year-old’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.

Yong was represented by defence counsel Rajpal Singh, while deputy public prosecutor Fuad Abdullah prosecuted.

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