
Yong is seeking to include documents related to a recent confession allegedly made by his former maid, the victim in the case.
He claims the confession, purportedly made sometime in May, involved the woman saying she regretted making a “false statement” during his trial.
The maid, who had been working at Yong’s house since 2019, is alleged to have claimed she had made the false statement because she wanted to leave her job before the expiry of her contract in 2022.
She also said she had sought her lawyer’s advice and wished to retract what she had said in court.
Justice Harmindar Singh Dhaliwal allowed Yong’s application to adduce the documents on grounds that they were important to his appeal.
“It appears to indicate that the victim gave false evidence. If this is the case, the accused (Yong) would be subjected to grave injustice,” he said.
Also on the panel hearing the appeal were Justices Rhodzariah Bujang and Hanipah Farikullah.
Harmindar also ordered the Ipoh High Court to take evidence and the testimony of witnesses in connection with the documents.
“In accordance with Section 93 of the Courts of Judicature Act 1964, the High Court has to certify the evidence with a statement of its opinion on the case it considered,” he said.
He said the prosecution was entitled to cross-examine witnesses that Yong would call during the proceeding.
The apex court also postponed Yong’s appeal and directed the High Court to hold a case management on Nov 26.
Lawyer Hisyam Teh Poh Teik appeared for Yong together with a team of nine lawyers, while deputy public prosecutors Faizal Amrin Noor Hadi and Lim Wai Keong appeared for the prosecution.
Earlier today, Hisyam told the court the documents were crucial for Yong’s appeal as they centred on his former maid’s credibility as a witness.
“We cannot brush these documents aside,” he said, adding that the defence would try to secure two Indonesian witnesses who took her statement and saw her sign it.
Faizal objected to the defence’s application, claiming the evidence was hearsay.
“We don’t know the documents’ authenticity.
“The accused should have lodged a police report when he received the mail (containing the documents). And the police may bring her back for prosecution if there is a need,” he said.
On July 27, 2022, Yong was found guilty by the Ipoh High Court of raping the woman. He was sentenced to 13 years in prison and ordered to be whipped twice.
On March 1 this year, a Court of Appeal panel upheld his conviction by a 2-1 majority but reduced his jail sentence to eight years.