Maid likely to testify in camera
Defence team objected request to allow video testimony
IPOH: After an intensive submission by both the prosecution and the defence teams, the Indonesian maid who alleged she was raped by Perak executive council member Paul Yong Choo Kiong will most likely testify in camera next month.
Yong’s lawyers Datuk Rajpal Singh and Leong Cheok Keng, who is also the Malim Nawar assemblyman, made the request to the prosecution for the victim to be the first witness to testify.
The request was made in the Sessions Court here before judge Norashima Khalid during case management yesterday.
Prior to that, Deputy Public Prosecutor Azhar Mokhtar, who was leading the prosecution team, said the witness would be called to testify via video link, which the defence team objected to.
Azhar said the victim was protected under the Witness Protection Act, and thus it would be a better option for her to testify via video link and not physically present in court.
In objecting, Rajpal told the court that the victim was not a child under 18, but a 23-year-old woman.
He said the victim could testify in camera without the presence of the public and other people not related to the case.
“This will allow both the judge and the defence team to see her demeanour. When we cross examine her, we can rest assured that she is not being influenced by anyone sitting beside her somewhere, if the testimony is heard via a video link.
“The Act does not apply here, as the victim’s name has already been disclosed, as the whole case is based on the first information report,” he said.
Rajpal also told the court that the watching brief lawyer for the victim’s mother had informed the court that she was not allowed to see her daughter.
“I don’t understand why the victim is being hidden, that even her own mother is not allowed to visit her,” he said, describing the scenario using the Malay proverb “Ada Udang Disebalik Batu” (ulterior motive).
The prosecution team later agreed for the witness to testify in camera, with Azhar stating that only the accused’s lawyers, the prosecution team, the judge and the officially registered watching brief lawyer of the victim could be present.
“In rape cases, the demeanour and credibility of the witness is the main factor, so we think testimony in camera is a better option,” Azhar told reporters outside the court later.
Norashima fixed Nov 11, 13, 14 and 15 for hearing, after the defence team requested if Nov 12 could be excluded, as Yong had to attend the state assembly sitting.
Yong had claimed trial to a charge of raping his 23-year-old maid at his home.
According to the charge sheet, he committed the act in a room on the top floor of his house in Meru Desa Park on July 7, between 8.15pm and 9.15pm.
Leong also requested for the prosecution to review or withdraw the case, as the chemist report on the DNA showed that the accused’s DNA was not found on the items seized, including clothes and even a mop.
However, Azhar said the prosecution had other testimonies that could link the accused with the charge, and that they were not solely relying on the chemist report.
Rajpal told reporters outside the court that they would make a representation to the Attorney General to review the case with the DNA report made available now.
Once again a large group of Yong’s supporters, some holding banners, gathered outside the court to show their support. About 100 people were seen gathered there as early as 8am.