Yong To Start Jail Time After Apex Court Dismisses Final Appeal In Rape Case

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Former Tronoh assemblyperson Paul Yong will start his jail sentence today after the Federal Court dismissed his final appeal in his rape case, where he was found guilty of committing the crime against his maid in 2019.
The panel, chaired by Chief Justice Wan Ahmad Farid Wan Salleh, rejected the appeal after finding Yong’s defence baseless and that there was no reason to disturb the lower courts’ conviction.
The apex court also upheld the eight-year jail sentence and two strokes of the cane.
Wan Ahmad Farid issued a committal warrant against Yong, ordering him to be sent to prison today.
Yong shaken, family devastated
Yong, who was standing in the dock throughout the verdict proceeding, was seen visibly shaken upon hearing the order.
His family was seen rushing to his side after the proceedings ended, with his wife, Too Choon Looi, refusing to let go of his hands.
She eventually relented after some coaxing from their counsel and she allowed prison guards to usher Yong away, with the family then seen leaving the court in tears.
Yong’s counsel Hisyam Teh Pok Teik then told reporters that the verdict was shocking, and that they are awaiting instructions on the next course of action.
“The only legal remedy available right now is to file an application for review.
“Although we respect the judgment delivered by the chief justice, we have to study the judgment again carefully and see whether there are merits before we file an application for review, (which) we will also need to discuss further with the family.
“They (the family) were present (during all proceedings) and confident (of a favourable outcome), based on the advice of the lawyers and based on what they heard and saw in court. The ruling devastated them,” the lawyer said.
Yong’s wife, he added, could not accept the judgment and claimed that her husband is completely innocent.
Hisyam said a committal warrant would usually be issued for convicts to be brought to Kajang Prison.
Yong, 55, was accused, under Section 376(1) of the Penal Code, of raping his 23-year-old maid at his house in 2019. The provision provides a maximum of 20 years’ jail and is liable to caning.
The Ipoh High Court found him guilty on July 27, 2022 and sentenced him to 13 years’ jail and two strokes of the cane.
He was allowed to postpone his jail sentence at that time, pending his appeal, and was released on RM30,000 bail.
The Court of Appeal, on March 1, 2024, had quashed his appeal after the judges’ majority 2-1 decision affirmed his conviction.
However, they reduced his jail time to eight years and maintained the two strokes of the cane as well as his stay of execution pending his appeal at the Federal Court.
Unfair trial claim
In reading out the Federal Court’s decision, Wan Ahmad Farid said the panel had unanimously agreed that Yong’s defence was untenable.
He said that Yong had received a fair trial in the High Court, including when the trial judge had decided to invoke Section 265A of the Criminal Procedure Code .
Section 265A allows witnesses to testify anonymously if the court finds their safety at risk, even if their identity is already known to the accused or other persons.
Yong, in his appeal, had challenged the High Court’s decision to invoke the section, claiming he did not receive a fair trial given that neither he nor his counsel could observe the victim’s demeanour when she testified in court.
“The procedure under the provision has been strictly complied with by the trial judge. The law does not require the judge to give a reason for invoking Section 265A.
“The protection of a witness must be assessed holistically and that responsibility is given to the trial judge to determine.
“The inquiry process by the judge does not affect the rights of an accused person to defend himself, nor touches on his guilt. (We find) all steps taken in the case (in invoking Section 265A) were in accordance with the law,” said Wan Ahmad Farid.
Chief Justice Wan Ahmad Farid Wan SallehOther evidence
The chief justice further said that several key pieces of evidence presented in the High Court during the trial were sufficient to prove the accusation against Yong.
This included Yong’s house’s CCTV recording on the night of the incident that established that Yong was alone in the house with his maid, for a brief period of time, which could provide an opportunity for the incident to happen.
“Having read the notes of proceedings and the grounds of judgment of the trial judge and the majority of the Court of Appeal, we find that the appellant’s defence has been sufficiently considered by the trial judge and the majority of the Court of Appeal.
“Having considered the totality of evidence presented to the court, we find that the elements of the charge under Section 376(1) of the Penal Code against the appellant, that there was penetration and without (the victim’s) consent, have been proven beyond a reasonable doubt,” said Wan Ahmad Farid.
Other members of the panel included judges Nordin Hassan and Hanipah Farikullah.
Yong was represented by Hisyam, together with Salim Bashir Baskaran and Rajpal Singh, while deputy public prosecutor Amril Johari appeared for the prosecution. - Mkini

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