Legal ordeal: Yong (right) arriving at the Ipoh High Court. — Bernama
Prosecution, however, raises doubt of new evidence by ex-assemblyman’s defence
IPOH: A false rape claim was made by a domestic helper against former Tronoh assemblyman Paul Yong Choo Kiong about five years ago, all because she wanted to end her working contract so that she could go back to Indonesia, the High Court here heard.
A statement purportedly written by the woman via her lawyer from Indonesia was read out by her counsel Pathurrahman SH MH, 58, before Justice Abdul Wahab Mohamed yesterday.
Based in Kabupaten Sumbawa in Indonesia, Pathurrahman said he had drafted the letter that was later notarised after the maid came to his office on May 20 last year to seek legal advice. The letter was drafted the next day.
In the letter, the maid allegedly revealed that the contract for her to work in Yong’s house was for three years starting from May 7, 2019 until May 2022.
The maid alleged that when her then employer rejected her request to end her contract for her to head back home, she had to find an excuse and she did so by accusing Yong of raping her.
“I regret my actions, and want to apologise for the testimony I gave in the Malaysian court.
“So I contacted my lawyer on my intentions to withdraw my statements, and my lawyer advised me that it was within my right to do so, and that it was better to free an innocent person than making false accusations.
“With full awareness, and without any coercion or intimidation from any party, I withdraw the information provided in the Malaysian High Court,” said Pathurrahman when reading out the statement.
Pathurrahman is a witness called by the defence team after the Federal Court on Nov 12 last year allowed Yong’s application to offer additional evidence in his appeal.
The lawyer, who has been practising since 1993, in his witness statement said the maid had approached him in his office to get legal advice on May 20, 2024.
“I told her that giving false testimony is a serious offence, and advised her that she had the right to withdraw her statements, and speak the truth.
“After hearing my advice without any coercion or intimidation, she decided to withdraw the false statements she made, and I was told by her to prepare a statement letter,” he added.
State prosecution director Muhammad Zaki Abdul Kudos, who is leading the prosecution team during cross-examination, questioned why the maid, who kept a diary and is able to write and speak Bahasa Malaysia well, would write her statement in Bahasa Indonesia.
Pathurrahman said he had drafted the letter based upon the maid speaking in Bahasa Indonesia.
“I put it to you that the letter is based on your own words, and not those of the maid.
“The incident happened in 2019 with the trial ending two years ago. How is it possible that the maid remembers all the date, address of the employer and so forth so clearly?
“Are you aware that the maid was under witness protection when in Malaysia, and would you know when she went back if she was harassed or coerced into writing the letter?” he said, suggesting that the letter was mere fabrication.
Pathurrahman said he was not aware of the suggestions made by the deputy public prosecutor, and he only drafted the letter based on what the maid had told him.
Justice Abdul Wahab fixed March 7 to deliver his opinion that would be submitted to the Federal Court for the purpose of the hearing of the appeal.
March 17 is set as the hearing of the appeal proper by the Federal Court.
The defence team was led by senior counsel Datuk Hisyam Teh Poh Teik, Datuk Rajpal Singh and Salim Bashir.
Muhammad Zaki was assisted by Liyana Zawani Mohd Radzi, Nasrul Hadi Abdul Ghani and Qurratu’aini Khalifah.
On March 1 last year, the Court of Appeal upheld Yong’s 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, 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, which, on Nov 12, allowed Yong’s application to offer additional evidence.
The apex court panel led by Justice Harmindar Singh Dhaliwal sent the case back to the High Court and also instructed it to certify the additional evidence and provide a statement of its opinion on the case.
