PUTRAJAYA: The Court of Appeal has dismissed an appeal by Perak state executive council (exco) member Paul Yong Choo Kiong (pic) to transfer his rape trial from the Sessions Court to the High Court.

The decision by a 2-1 majority by the three-member panel, saw Justices Datuk Yaacob Md Sam and Datuk Seri Kamaludin Md Said dismissing the appeal, while Justice Datuk Rhodzariah Bujang dissented.

In the decision yesterday, Justice Yaacob said they were of the view that there was no appealable error by the Judicial Commissioner in refusing Yong’s application to transfer the case to the High Court.

He subsequently affirmed the High Court’s decision made on Nov 26 last year in dismissing Yong’s transfer application under Section 417 of the Criminal Procedure Code.

Yong, 50, who is the Perak exco member for housing, local government and public transport, pleaded not guilty at the Sessions Court in Ipoh, Perak, to the charge of raping his 23-year-old Indonesian maid.

Yong, who is also Tronoh assemblyman, is accused of committing the offence at his home in Meru Desa Park on July 7, last year between 8.15 pm and 9.15 pm.

During the proceedings, Datuk Rajpal Singh, representing Yong, argued that the case should be transferred to the High Court due to the unusually difficult questions of law involved in the case, particularly pertaining to the Witness Protection Act 2009, which had never been applied in sexual offences cases.

He said this was also a public interest case as his client was a state executive councillor and an assemblyman.

Deputy public prosecutor Datuk Mohd Dusuki Mokhtar said the prosecution left it to the court to decide the matter.

Outside the court, Rajpal told the media that they would be filing an appeal to the Federal Court against the appellate court’s decision.

Rajpal, who is assisted by co-counsel Salim Bashir, also said the defence will be applying for a stay of the trial at the Ipoh Sessions Court today, pending disposal of the appeal at the Federal Court. — Bernama