IPOH: The High Court has dismissed the defence’s application to transfer the case of state executive council member Paul Yong Choo Kiong, who is facing charges of raping his Indonesian maid, from the sessions court to the High Court.
In his judgement, Judicial Commissioner Datuk Mohd Radzi Harun said the sessions court judge is competent and capable enough to hear the case.
“Therefore, I find there are no reasons for this court to allow the application. The case is ordered to be heard before the sessions court judge on Dec 5, which was previously fixed for case management,” he said.
Mohd Radzi made the decision after hearing submissions on the matter from both lawyer Datuk Rajpal Singh, who is representing Yong, and deputy public prosecutor (DPP) Azhar Mokhtar.
Earlier, at today’s proceedings, Rajpal said the defence team applied for a case transfer to the High Court because the case involves complicated laws.
“These complex issues were raised in this case under Section 376 of the Penal Code, which involves the use of the Witness Protection Act 2009, where the prosecution requested the court to allow two main witnesses in the trial to testify as protected witnesses.
Azhar told reporters when met outside the court that the prosecution did not object to the defence’s application to transfer the case.
Besides Azhar, the prosecution team also comprised Ainul Wardah Shahidan and Naidatul Athirah Azman, while Yong’s panel of lawyers, besides Rajpal, comprised Terence Naidu, Salim Bashir, and Farhan Sapian.
On Aug 23, Yong, who is State Housing, Local Government, Public Transport, Non-Islamic and Village Affairs Committee chairman, claimed trial to the charge of raping his 23-year-old maid.
He was charged under section 376 of the Penal Code, and allegedly committed the offence in a room at the top floor of his house in Meru Desa Park on July 7, between 8.15pm and 9.15pm.
On Sept 24, sessions court judge Norashima Khalid set five days beginning Nov 11 to hear the trial.
On Nov 13, the defence team led by Rajpal filed a motion to move the case from the sessions court to the High Court, under Section 417 of the Criminal Procedure Code. - Bernama
