IPOH: The High Court here has dismissed an application filed by Perak state executive council member Paul Yong Choo Kiong for his rape case to be heard in the High Court, instead of the Sessions Court.
Judicial Commissioner Datuk Mohd Radzi Harun made the decision after studying submissions from the prosecution and defence team.
He ordered the case to be heard back at the original Sessions Court, where the case management had been set for Dec 5.
“The issues raised by the defence for the case to be transferred in a High Court are not that complex, and those issues could be heard in a Sessions Court.
“The Sessions Court judge is competent and capable enough to hear the case, ” he said in his judgment on Tuesday (Nov 26).
On Nov 13, Yong had filed an application under Section 417 of the Criminal Procedure Code for his case to be transferred and heard in a High Court.
With that motion in place, Sessions Court Judge Norashima Khalid had then allowed an application by Yong’s lawyers to adjourn the case.
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.
Datuk Rajpal Singh, who is leading the defence team, said he would be speaking to his client on the next course of action.
“There are a few options, either we appeal to the decision or will have to go back to the Sessions Court and let the judge decide on the Witness Protection Act, ” he told reporters outside the courtroom.
Rajpal said even though the prosecution did not object to the application, but the judge felt that there are no merits to the application.
“Although there are some legal complications issues, the judge felt that the Sessions Court judge is competent enough to hear the case, ” he added.
The case was prosecuted by Deputy public prosecutor Azhar Mokhtar. - Star
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