IPOH: The High Court here today ordered a former state executive councilor to enter his defense to a charge of raping his Indonesian maid.
Judge Datuk Abdul Wahab Mohamed said the prosecution had proven a prima facie case against Paul Yong Choo Kiong for the charge.
Abdul Wahab, in his judgment, said two elements had been proven from prosecution witnesses that the rape allegation took place.
He said the first element proven was the penetration and secondly, the accused had sex without the victim's consent apart from the victim's statement which was also consistent.
Abdul Wahab said an obstetrician and gynaecologist from the Raja Permaisuri Bainun Hospital (HRPB) known as SP5, who examined the victim revealed a fresh abrasion to her posterior fourchette caused by the possibility of penetration by a blunt object or organ.
For the second element, he added that the sex took place without the consent of the victim, also known as SP15, where she had fought and frantically cried but it couldn't be heard as the door was closed.
"SP15 tried to fight back and pushed the accused but he is bigger and stronger. She had to run away to the washroom. She felt dirty, disgusted, and insulted when treated in such a way," he said.
After poring over all the submissions and case exhibits, Abdul Wahab said the court finds that the prosecution has managed to prove a prima facie case against the accused.
"As such, the accused has been ordered to enter his defence," he said.
Abdul Wahab told Yong that he had three options which was to give evidence in court, to provide a sworn statement, or to remain silent.
Yong's lead counsel, Datuk Rajpal Singh told the court that his client opted for a sworn statement.
"We will be calling four witnesses to testify," he said.
The court then set Feb 15 and 16 for Yong to submit his defense.
Yong, 51, pleaded not guilty on Aug 23, 2019, to a charge of raping his 25-year-old Indonesian domestic helper at his house in Meru Desa Park on July 7, 2019, between 8.15pm and 9.15pm.
He was then the state housing, local government, public transport, non-Islamic affairs and new villages committee chairman.
He was tried under Section 376 (1) of the Penal Code which carries a jail term of up to 20 years, and possible whipping, if convicted.
The prosecution had called 23 witnesses including two protected witnesses, to testify during the trial which began on April 5.
Counsels Rajpal and Salim Bashir represented Yong while deputy public prosecutors Azlina Rashdi, Liyana Zawani Mohd Radzi and Mohd Fitri Sadarudin appeared for the prosecution.