M’sia ex-politician Paul Yong loses final appeal in rape case involving maid, begins 8-year jail term

Former Malaysian politician Paul Yong Choo Kiong’s final appeal against a rape conviction involving his 23-year-old Indonesian maid in 2019 has been dismissed by the Federal Court, reported Bernama.

He has been ordered to begin serving his eight-year sentence in jail on Oct. 1. He will also receive two strokes of the cane.

A three-member panel upheld the conviction and sentence, saying that it was “safe” and based on credible evidence.

“The conviction, as affirmed by the High Court and maintained by the Court of Appeal, is upheld. The appeal is therefore dismissed,” said the Chief Justice, as quoted by The Vibes.

The charge

The offence occurred between 8:15pm and 9:15pm on Jul. 7 2019, in a room of Yong’s home in Perak.

Yong was formally charged in August 2019 and the Federal Court later transferred the case to the High Court, where trial proceedings began in April 2021.

On Jul. 27, 2022, the High Court convicted Yong and sentenced him to 13 years’ jail and two strokes of the cane.

On Mar. 1, 2024, the Court of Appeal upheld the conviction in a majority decision but reduced the jail term from 13 to eight years.

Yong filed his final appeal to the Federal Court a few days later.

Federal court’s reasoning

The Chief Justice said the court was satisfied with the credibility of the victim, who had testified as a protected witness, and that the High Court had been correct to accept her testimony.

Yong’s counsel had tried to argue that he had been denied a fair trial as the victim had testified in a closed session without being seen by him or his lawyers.

The court dismissed this, finding no miscarriage of justice.

The Chief Justice, as quoted by Free Malaysia Today, said that “the accused (had) no right to be heard” during the closed inquiry with the victim.

“This inquiry also does not affect his right to defend himself and (for lawyers) to cross-examine her (in the full hearing).”

He added:

“She told the court that after the incident, the accused (Yong) warned her not to tell his wife, or else ‘you will die’.”

“She then called her embassy in a state of panic and lodged a police report one day later (Jul. 8 2019).”

One of the other points raised during the appeal was the absence of Yong’s DNA on a mop allegedly used by the victim to clean semen from the floor after the incident.

The Chief Justice said the mop had been washed with soap, making DNA retrieval inconclusive.

He further emphasised that the existence of ejaculation does not prove the elements of the offence of rape beyond a reasonable doubt.

Additionally, the Chief Justice found that the victim’s failure to tell her mother about the rape when she met her at the Indonesian embassy two months after the incident, was explained by her testimony that she felt guilty and wanted to prevent her mother from worrying.

The court also heard evidence that Yong had previously sexually harassed the victim a few times in his house.

Reaction to the rape conviction

Yong looked shocked and teary-eyed when he was signalled by a policeman to come out of the dock to be sent to prison, according to the New Straits Times.

His visibly distraught wife and children rushed to him.

His wife, who was in tears, was overheard saying, “This cannot be”.

Yong’s lawyer said that she “is unable to accept the decision (and) maintains that he is completely innocent”.

Indonesia's ambassador to Malaysia has expressed relief after Malaysia’s Federal Court upheld the conviction, reported Antara News.

He had even initially doubted the fairness of the proceedings because of Yong’s background as a high-profile politician.

"I'm relieved and grateful justice has finally been served for the Indonesian victim.”

The Chief Justice asserted that the conviction was safe and that the majority decision in the Court of Appeal was appropriate.

Top images via New Straits Times/Youtube, Pixabay