Paul Yong rape case: Prosecution to apply for use of Witness Protection Act 2009

IPOH: The prosecution in the maid rape case involving Tronoh state assemblyman Paul Yong Choo Kiong told the High Court here today that it will make an application for two witnesses to testify under the Witness Protection Act 2009.

Perak state prosecution director Datuk Jamil Aripin told Judge Datuk Abdul Wahab Mohamed that the two were participants of the Witness Protection programme under the Act.

“We want the two witnesses to give their statements in accordance with Section 265 (A) of the Criminal Procedure Code so that their identities and statements will not be disclosed and only need to be submitted to the court.

“Both witnesses have stated their wish to give statement in camera without being seen by the accused and his lawyers," he said on the second day of the trial today.

He said members of the public and media personnel were also not allowed to disclose the information of the witnesses, who are protected under the Act.

Jamil said that by identity, it not only meant the background, information or location of the witnesses but also includes anything that could lead to the disclosure of their identities, such as facial recognition of the witnesses.

As such, he said, allowing the accused and his lawyer to see the witnesses would lead to the disclosure of identity, although certain parties, including lawyers and the accused, already had knowledge of the identities of the protected witnesses.

He said the two witnesses protected under the Witness Protection Act 2009 are the 24-year-old alleged victim and another who has received death threats.

“Former state Speaker Ngeh Koo Ham had made a police report saying that he received information that the man who took the Indonesian maid to lodge a police report received RM100,000 and was also threatened by a man with a gun,” he said.

Lawyer Datuk Rajpal Singh, who is representing Yong, however, voiced his objection to the prosecution's application to use the Act for the witnesses to testify.

Abdul Wahab then instructed the prosecution to wait until the defence team had prepared a reply before submitting the application on the use of the Witness Protection Act 2009.

He also ordered for the trial to continue with the remaining witnesses so as not to waste time.

The hearing will continue tomorrow.

The prosecution team is headed by Jamil and assisted by deputy public prosecutors Liyana Zawani Mohd Radzi and Ainul Wardah Shahidan whlie the defence comprises Rajpal, Salim Bashir and Phang Yong Nur Sarah.

On Dec 21 last year, the High Court here set the trial for nine days beginning March 30 this year after Yong, 51, pleaded not guilty to a charge of raping his maid at his house in Meru Desa Park on July 7, 2019 between 8.15 pm and 9.15 pm, but it was postponed to yesterday.

The case had been mentioned in the Sessions Court but on Dec 15 last year the Federal Court allowed an application by the defence to transfer the case to the High Court.

Yong was first charged in the Sessions Court here on Aug 23, 2019 when he was the state Housing, Local Government, Public Transport, Non-Islamic Affairs and New Villages Committee chairman.

-- BERNAMA