Maid not a punching bag, two women ordered to enter defence for trafficking Indonesian woman

Judge Wan Mohd Norisham Wan Yaakob issued the order to Ong Su Ping Serene, 56, who is a consultant, and a businesswoman, Sang Yoke Leng, 53, after finding that the prosecution had succeeded in establishing a prima facie case against them at the end of the prosecution case.

When delivering the judgment, the judge said there was evidence showing the victim had been exploited by the two women, who were also violent against the victim.

"The court found that the victim agreed to work as a maid, but not to be used as a 'punching bag'," he said.

According to Wan Mohd Norisham, Ong had taken the victim to her house to work as a maid and the victim, in her testimony, stated that she was forced to eat rice with chillies, do 'sitting and standing' exercises while naked, forbidden to bathe with the bathroom door shut, eat from a dog bowl and was assaulted and threatened

"The second accused (Sang) saw the violent act by the first accused, but did not stop it, instead she hit the victim," he said, adding that the maid was not taken to a clinic for treatment other than being given salt water to gargle.

Wan Mohd Norisham said the victim, in her testimony, also stated that she was also locked up and threatened by the two accused, as well as forbidden to meet and talk to anyone.

He also cited testimony by a neighbour, who is the fifth prosecution witness, of hearing someone crying at night until early morning before getting a note from the victim stating that she was depressed and threatened. The maid was rescued on Dec 20, 2014.

"SP5 stated that she was shocked on seeing victim's swollen face," said the judge, adding that testimony by an expert witness stated that the injuries on the victim were the result of her being beaten and kicked.

The judge said the victim had no work permit and it was an offence to employ a foreigner with no work permit.

Wan Mohd Norisham said the court also found that the victim worked for long hours without enough rest, never took a holiday, was not free to move around and was always in fear.

The two women were charged with trafficking Meriance Kabu, then 32 years old, for exploitation as a maid in a house at Persiaran Pandan 7, Pandan Jaya here between April and Dec 20, 2014.

The charge, under Section 13 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and read together with Section 34 of the Penal Code, provides imprisonment for up to 20 years and can be fined, if convicted.

They were also charged with employing a person who does not have a valid work permit at the same place and date.

The charge, framed under Section 55B (1) of the Immigration Act 1959/63 and read together with Section 34 of the Penal Code, provides a fine of up to RM50,000 or a maximum of 12 months imprisonment or both upon conviction.

The court fixed Aug 19 for mention.

Meanwhile, the court acquitted and discharged Ong on two counts of causing serious injury and attempted murder of Meriance after finding that the prosecution failed to establish a prima facie case against her.

Wan Mohd Norisham, in his decision, said the pliers purportedly used to inflict the injury on the victim were not exhibited in court and the claim by the victim being treated as such was only based on her testimony without the support of other witnesses.

Ong was charged with intentionally causing serious injury to Meriance by pulling out four of her teeth using pliers at the same location between April 11 and Dec 20, 2014.

The charge was framed under Section 326 of the Penal Code which provides imprisonment for up to 20 years and is liable to a fine or whipping upon conviction.

She was also charged with attempting to kill Meriance at the same place at 6 pm on Dec 20 of the same year and was charged under Section 307 of the Penal Code which carries a maximum prison sentence of 20 years upon conviction.

Deputy Public Prosecutor Anisah Pisol appeared for the prosecution while lawyer S. Preakas represented Ong and Sang.

The two women had been given a discharge not amounting to an acquittal (DNAA) twice, on July 28 and Oct 26, 2017, when the prosecution witnesses failed to appear in court.

However, they were charged with the same charges again on Jan 6 last year.

-- BERNAMA