IPOH: The High Court here has fixed June 29 for the decision in the rape case involving former state executive councillor Paul Yong (pic).
Justice Abdul Wahab Mohamed set the date after hearing submissions from both the prosecution and defence teams at the end of the defence case on Tuesday (May 17).
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Lead counsel Datuk Rajpal Singh, in his submissions, said it was not for the defence to prove the case but for the prosecution to prove their case beyond reasonable doubt.
He said the biggest issue that the defence was raising was why the prosecution did not call the investigating officer (IO) handling the allegation of a political conspiracy involving his client.
“The prosecution did not offer the witness (IO) to the defence as well.
“They could have called the IO. She could have provided explanations but all this was not done.
"The prosecution told the court that the accused’s wife was an 'interested party' in the case but we do not agree with this," he said.
Rajpal said the wife of the accused was a "credible witness" because she testified that if there was any truth pertaining to the rape allegation, she would never support her husband.
“The biggest argument is that she is a prosecution witness offered to us and they (prosecution) have the right to impeach her if she was in any way, going against her statement given earlier.
“The prosecution did not do that (impeach), which means there is a lot of truth in her statement and what she said in her oral evidence,” he said.
State prosecution director Azlina Rashdi, in her submissions, said the prosecution had explained in detail that the accused is the sole breadwinner of the family and that his wife and children rely on him.
“The children are studying in private colleges, so the wife relies on her husband for the future of her children and the family.
“If anything happens to the accused, it will impact the future of the family,” she said.
Azlina said the victim had already testified as to why she did not inform her mother of the rape.
“She was shy, scared and did not want her mother to worry. She is all alone here and not in her home country.
“Based on forensic evidence, there is no DNA found but that has been explained as to why it was not found,” she added.
She also said despite the allegation of a political conspiracy, there was no police report lodged.
On Dec 7, Yong was ordered to enter his defence for allegedly raping the helper more than two years ago.
Justice Abdul Wahab had ruled there was a prima facie case against Yong after taking into consideration all the evidence submitted throughout the trial.
On Aug 23, 2019, Yong claimed trial at the Ipoh Sessions Court to a charge of raping his then 23-year-old domestic helper.
The offence was allegedly committed in a room on the top floor of his house in Meru Desa Park, between 8.15pm and 9.15pm, on July 7 that year.