IPOH, Feb 11 ― The rape trial of DAP assemblyman Paul Yong has been deferred again after the defence team today requested for a stay of proceeding, as it had filed an appeal notice to the Federal Court to transfer the case to the High Court yesterday.
This came after the Court of Appeal in Putrajaya yesterday dismissed Yong's appeal to transfer the case from the Sessions Court to the High Court.
Datuk Rajpal Singh, who led the defence team, requested the court for a stay of proceedings until their application to transfer the case to the High Court heard in the Federal Court.
However, Sessions Judge Norashima Khalid ordered the defence team to file a written application notice instead of oral submission for the stay together with the affidavits.
She instructed the defence team to file the notice together with their affidavits on February 18 and also set February 25 for the prosecution team, led by Deputy Public Prosecutor Azhar Mokhtar, to submit their affidavits in return.
Norashima then ordered both parties to submit their written arguments on March 3, which she also fixed as the mention date.
“I want both parties to submit their written arguments on March 3 and I will not extend the date for written arguments anymore.
“On that day, I will also decide the date for the decision on the stay of proceeding requested by the defence team,” she said.
The trial was initially fixed from February 10 to 15.
Rajpal, when met outside the court told reporters that the date for the hearing in Federal Court on their application is yet to be decided.
“We haven't got the date. It is a long process as the Judge of Court of Appeal have to write the reason of their judgment and only then the application record will be prepared to be heard in Federal Court,” he said.
Yesterday, the Court of Appeal dismissed Yong's application to transfer the trial to High Court with a 2-1 majority by the three-member panel with Justices Datuk Yaacob Md Sam and Datuk Seri Kamaludin Md Said deciding to dismiss the application, while Justice Datuk Rhodzariah Bujang dissented.
On August 23, the state executive councillor in charge of Perak housing, local government, public transport, non-Islamic affairs and new villages, claimed trial to the charge of raping the Indonesian at 52, Desa Meru 2, Meru Desa Park, Meru Raya here on July 7, between 8.15pm and 9.15pm.