The Federal Court has granted former Perak Executive Councillor Paul Yong Choo Kiong permission to introduce new evidence in his ongoing appeal against his conviction for raping his maid. Yong, convicted of raping his 23-year-old Indonesian domestic worker in 2019, now has the opportunity to present documents that his legal team argues may cast doubt on the testimony of the victim.
A three-judge panel led by Tan Sri Harmindar Singh Dhaliwal allowed the admission of five documents as additional evidence. Justice Harmindar described these documents as crucial, noting that they appear to suggest the victim may have provided false testimony during Yong’s trial. “If it is indeed the case that the complainant (victim) gave false evidence, the applicant (Yong) could be subjected to grave injustice,” Justice Harmindar emphasized.
Sitting alongside Justices Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah, Justice Harmindar directed the High Court in Ipoh to review all relevant evidence, including the newly admitted documents, as well as any additional material or witnesses connected to these documents. The case is scheduled for case management on November 26, where the High Court will be tasked with taking all necessary steps to assess the veracity of the new evidence.
Justice Harmindar also directed the High Court to certify the additional evidence and deliver its opinion on how this new information impacts the case. He emphasized that, if witnesses are called, both parties will have the right to cross-examine them as deemed appropriate by the High Court.
Following the Federal Court’s decision to admit the new evidence, Yong’s appeal hearing, initially scheduled for November 25, has been postponed until the High Court completes its evaluation and certification of the new documents. Yong’s lawyer, Datuk Hisyam Teh Poh Teik, argued for the admission of a statement allegedly made by the victim, in which she retracted her prior testimony related to the rape allegation. Hisyam contends that this retraction suggests the victim may have committed perjury.
According to Hisyam, the statement was signed in Indonesia in the presence of a lawyer named Pathurrahman and a notary public, Hilman, before being couriered to Yong’s residence in May 2024. The victim allegedly stated that she testified against Yong due to his refusal to end her employment contract, casting further doubt on her initial allegations. Hisyam requested that the High Court be tasked with determining the authenticity of these documents.
Justice Harmindar inquired if the victim would be willing to testify regarding the documents in question. In response, Hisyam indicated there is uncertainty as she might face arrest for perjury upon returning to Malaysia, which could deter her from appearing in court.
Deputy Public Prosecutor Faizal Noor Hadi opposed the application, arguing that the documents lack certification and are, at this stage, mere hearsay. Despite this objection, the Federal Court ultimately decided to admit the documents as potential evidence.
On March 1, the Court of Appeal upheld Yong’s conviction by a 2-1 majority. Yong was initially sentenced to 13 years in prison and two strokes of the cane, but the appellate court reduced this to eight years. Yong was granted a stay of execution pending the outcome of his appeal at the Federal Court. He remains free on RM30,000 bail with one surety, with the condition that he surrenders his passport to the court.
Source: Malay Mail
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