Paul Yong, a member of the Perak State Legislative Assembly representing Tronoh, has been found guilty by the Ipoh High Court of raping his former Indonesian domestic worker three years ago.
The 52 year-old was sentenced to 13 years in jail and two strokes of the cane.
Judge Abdul Wahab Mohamed ruled that the prosecution had presented evidence in court that supported each part of the indictment.
“As an employer you should be protecting her especially when she is from a different country and not act according to your lust. This is where the Malay proverb ‘harapkan pagar, pagar makan padi’ fits,” the judge said, as quoted by Malay Mail.
In delivering his sentence, the judge said that the court took the public interest into consideration. “A deterrent sentence is required as a warning with rape cases is on the increase,” he said.
The judge also said that the victim was judged to be credible and honest when announcing the guilty decision earlier, adding that her evidence was persuasive. He also found that she did not make up her accusations for the purposes of returning to her home country.
The judge did not find the testimony from defence witnesses compelling, saying it lacked aspects of spontaneity.
“Also the point raised about a political ploy against the accused cannot be proved by the defence team,” he said.
In order to appeal the verdict, Yong’s attorneys, Datuk Rajpal Singh and Salim Bashir, requested a stay of execution, which the court granted.
However, the Court mandated that Yong turn over his passport and set bail at RM15,000 with one surety.
Yong’s attorneys had previously tried to get his sentence reduced by emphasising that their client had been an assemblyman for nine years and had no prior criminal history.
Salim, his co-counsel, contended that the crime did not involve a victim who was minor and that there was no bloodshed.
Azalina Rashdi, the director of the state prosecution, disagreed, saying that the punishment should reflect the nature, seriousness, and intensity of the offence.
“Even though the accused did not have criminal records, it should not be a factor for a lower sentence. Rape is a big offence as it’s takes away the dignity of the victim. The victim will also suffer trauma for life long.
“A deterrent punishment should be given as it will be a lesson to others who want to commit this crime,” she said.
On July 7, 2019, Yong, a former DAP member, was charged with raping the 23-year-old domestic worker at his home in Meru Desa Park.
The charge was made under Section 376 (1) of the Penal Code, which carries a jail term of up to 20 years and a possible whipping.
