IPOH: The High Court today dismissed an application by state executive councillor (exco) Paul Yong Choo Kiong to transfer his rape case to the High Court.
Judicial Commissioner Datuk Mohd Radzi Harun made the decision after hearing the defence’s application to transfer the case from the Sessions Court to the High Court.
Radzi, in his assessment, said there was no merit for the case to be heard by the High Court
He said he believed that the Session Court was competent in handling the rape case.
“The judicial officers (Sessions Court) who are handling this case have a vast knowledge and experience in the field of law to handle such case and to ensure that both sides are always protected by laws,” he said.
Radzi also instructed that the case management be heard at the Sessions Court on Dec 5.
On Nov 13, the defence team led by lawyer Datuk Rajpal Singh filed a motion to move the case from the Sessions Court to the High Court. The motion was filed under Section 417 of the Criminal Procedure Code.
The motion was filed based on three factors, in that the case involved complex legal issue, the importance of justice and that case did not cause any prejudice.
Deputy public prosecutor Azhar Mokhtar, when met outside court, said he had no objection to the case being transferred to the High Court.
“However, according to the judge, the issue is not that complex and as such it does need to be heard in High Court.
“The Sessions Court is capable of hearing the case and there is no such example of issues that the judge is unable to hear the case,” he said.
Meanwhile, Rajpal said the judge believed that although there were legally complicated issues, he nevertheless felt that the Sessions Court judge was competent enough to hear the case and make a ruling.
“Even though the prosecution today did not object on the application but he (the judge) took it upon judicial power and not to allow the application.
“He also distinguished (Yong’s) case from other cases such as that which involved former prime minister, Datuk Seri Najib Razak and his wife, Datin Seri Rosmah Mansor, where the laws are more complicated than this one,” he added.
On Aug 23, Yong who is the Perak exco for housing, local government, public transport, non-Islamic affairs and new villages claimed trial to the charge of raping his Indonesian maid at his home in Meru Desa Park on July 7 between 8.15pm and 9.15pm.