IPOH: The High Court will decide on Dec 7 whether to acquit or call for the defence of former Perak executive councillor Paul Yong (pic), who is charged with raping his Indonesian domestic worker.
Judge Abdul Wahab Mohamed fixed the date after oral submissions from the prosecution and defence teams yesterday.
Both parties had submitted their written submissions at the end of October.
“I will need time to thoroughly read the evidence notes, documents and submissions before making a decision,” the judge said.
Earlier, lead defence counsel Datuk Rajpal Singh, in submitting, said the whole case by the prosecution was based on the victim’s testimony in court stating that Yong had raped her, as well as the medical report stating that she had a fresh tear in her hymen.
However, he said the doctor had testified that a fresh tear could happen either by force, penetration by penis, or through self-pleasure (masturbation), penetration of a blunt object or by the victim’s finger, which was not conclusive.
“Apart from this evidence, the victim told others about her rape but there is no other evidence to support this fact. No forensic evidence, or DNA of the accused or semen was found on her or other parts of the house, despite her not taking a bath or changing her clothes after the alleged incident.
“(On) the floor that she had mopped where the alleged incident took place, the mixed DNA of two unknown individuals were discovered, and that DNA did not belong to the accused or his family,” he said.
Rajpal also submitted that the motive of the victim to make such allegations was because she wanted to go back to Indonesia, and that it was also part of a “political conspiracy”.
“The victim has a tendency of creating stories because when she first came to the country, she claimed to have vomited blood, but the doctor who examined her said no such thing happened,” he said, adding that his client should be acquitted and discharged.
Lead deputy public prosecutor Azlina Rashdi submitted that the victim had given her reasons as to why she did not inform the accused’s wife, son or driver about the rape, as she had been threatened before.
She said the day after the incident the victim called the Indonesian Embassy three times to inform them of what had happened to her.
“On the issue of the DNA, the experts stated that it did not necessarily mean that if the DNA was not found, that a rape did not take place.
“The DNA was unable to be established because it was washed thoroughly, or due to temperature issues, because the victim had washed her private parts with soap after the incident,” she added.
Azlina contended that despite the inaccuracy of the timing involving the CCTV footage, the victim was alone at home with the accused when the incident took place.
“The victim is speaking the truth, and her evidence is not a lie.
“She is a victim of rape as there was a fresh tear discovered,” she further submitted.
On Aug 23, 2019, Yong, who is the Tronoh assemblyman, claimed trial at the Ipoh Sessions Court to raping his then 23-year-old maid.
The offence was allegedly committed in a room at the top floor of his house in Meru Desa Park on July 7 that year, between 8.15pm and 9.15pm.
