IPOH: The High Court here has fixed four days in January to call two witnesses from Indonesia regarding additional evidence submitted by former Tronoh assemblyman Paul Yong Choo Kiong, who was convicted of raping his former maid.
Yong’s lawyer Salim Bashir said the victim’s lawyer and a notary public would be called to testify.
He said the dates set are Jan 13, 14, 21 and 22.
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“These are tentative dates, as we are unsure what the witnesses in Jakarta will say,” he told reporters after case management was heard in chambers before High Court deputy registrar Nur Laila Mohamed Nazil here on Tuesday (Nov 26).
Asked if the victim would be brought to testify again, Salim said the defence team would "try our best to bring her (here, but) if we cannot, we will inform the court.
“But the two witnesses are coming to testify."
Lead senior counsel Datuk Hisyam Teh Poh Teik said Tuesday's proceeding in chambers was pursuant to an order by the Federal Court, which had allowed the defence application to make an additional application.
“This additional evidence is in the form of five important documents.
“Thus the Federal Court asked us to return to the High Court, where the additional evidence will be evaluated... by both the defence and prosecution, after which the court will give its opinion.
“This opinion will be then submitted to the Federal Court... to use at the time of the main appeal of the applicant,” he said.
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Hisyam said the Federal Court has set Dec 3 for case management concerning the developments at the High Court here.
The prosecution is led by state prosecution director Muhammad Zaki Abdul Kudos.
On March 1, the Court of Appeal, in a split decision, dismissed Yong’s appeal and upheld his conviction for raping his 23-year-old Indonesian maid in a room at his house in Ipoh between 8.15pm and 9.15pm on July 7, 2019.
The appellate court's three-member bench, however, reduced Yong’s prison sentence from 13 years to eight with two strokes of the cane.
Yong then appealed the decision at the Federal Court.
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It was reported on Nov 12 that the Federal Court had allowed Yong’s application to offer additional evidence in his appeal.
The apex court panel led by Justice Tan Sri Harmindar Singh Dhaliwal allowed the five documents to be admitted, describing them as important because they appear to indicate that the victim may have provided false testimony at Yong’s trial.
Justice Harmindar, who sat with Justices Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah, then sent the case back to the High Court and fixed Nov 26 for case management.
He directed the High Court to view all the evidence, including the five documents and any other additional evidence relating to the documents including testimony from any witnesses.
Justice Harmindar also instructed the High Court to certify the additional evidence and provide a statement of its opinion on the case, taking the new evidence into account.
