IPOH – There is nothing to suggest that the Indonesian maid allegedly raped by Tronoh assemblyman Paul Yong received assistance when lodging her complaint over the phone, the high court here was told today.
Riki Sapari, 39, said this during re-examination by state prosecution director Datuk Jamil Aripin on the second day of the Perak rep’s trial.
Riki received the victim’s complaint at the Manpower Department of the Indonesian embassy in Kuala Lumpur about 11am on July 8, 2019.
“There were no signs or other (background) noises when the victim spoke to me,” he said when Jamil asked if there were indications that the victim was with another person when speaking on the phone.
Riki said the victim appeared to be crying and in a state of panic when talking to him.
He said he recorded the victim’s complaint as sexual harassment because he thought it fell under rape, adding that the matter was then referred to police for investigation.
The next witness, Ipoh district police headquarters case exhibit store supervisor A. Anna Francisca, took the stand this morning before hearing was adjourned to the afternoon.
Judge Datuk Abdul Wahab Mohamed presided over the case, while Jamil was assisted by deputy public prosecutors Liyana Zawani Mohd Radzi and Ainul Wardah Shahidan.
The accused was represented by lawyers Datuk Rajpal Singh, Salim Bashir and Phang Yong Nur Sarah.
The prosecution, meanwhile, said that it will make an application for two witnesses to testify under the Witness Protection Act 2009.
Jamil told Wahab that the two were participants of the witness protection programme under the act.
“We want the two witnesses to give their statements in accordance with Section 265(A) of the Criminal Procedure Code so that their identities and statements will not be disclosed and only need to be submitted to the court.
“Both witnesses have stated their wish to give statement in camera without being seen by the accused and his lawyers,” he said.
He said members of the public and media personnel were also not allowed to disclose the information of the witnesses, who are protected under the act.
Jamil said that by identity, it not only meant the background, information or location of the witnesses but also includes anything that could lead to the disclosure of their identities, such as facial recognition of the witnesses.
As such, he said, allowing the accused and his lawyer to see the witnesses would lead to the disclosure of identity, although certain parties, including lawyers and the accused, already had knowledge of the identities of the protected witnesses.
He said the two witnesses protected under the Witness Protection Act 2009 are the 24-year-old alleged victim and another who has received death threats.
“Former state speaker Ngeh Koo Ham had lodged a police report saying that he received information that the man who took the Indonesian maid to lodge a police report received RM100,000 and was also threatened by a man with a gun,” he said.
Rajpal, however, voiced his objection to the prosecution's application to use the act for the witnesses to testify.
Wahab then instructed the prosecution to wait until the defence team had prepared a reply before submitting the application on the use of the Witness Protection Act 2009.
He also ordered for the trial to continue with the remaining witnesses so as not to waste time.
On December 21 last year, the high court here set the trial for nine days beginning March 30 after Yong, 51, pleaded not guilty to a charge of raping his maid at his house in Meru Desa Park between 8.15pm and 9.15pm on July 7, 2019. However, the proceeding was postponed to yesterday.
The case was mentioned at the sessions court, but on December 15 last year, the Federal Court allowed an application by the defence to transfer the case to the high court.
Yong was first charged at the sessions court here on August 23, 2019, when he was state Housing, Local Government, Public Transport, Non-Islamic Affairs and New Villages Committee chairman.
The hearing continues tomorrow. – Bernama, April 6, 2021
