The High Court today set Dec 3 to decide on the appeal by housewife Yim Pek Ha against her conviction and sentence of 18 years jail on each of three counts of causing grievous hurt to her Indonesian maid in 2004.

Judicial commissioner Azman Abdullah set the date after submissions by deputy public prosecutor Raja Rozela Raja Toran and Yim's counsel, Akhbardin Abdul Kader and Jagjit Singh.

Yim, 41, who has been released on bail, attended court with her husband, Hii Ik Ting, and several other family members.

On Nov 27 last year, the former air stewardess was sentenced to 18 years jail after she was found guilty on each of three counts of causing grievous hurt to Nirmala Bonat, 19 at the time, with a hot iron and hot water and a metal cup at Villa Putera, Jalan Tun Ismail here in January, March and April 2004. The sentences were to run concurrently.

At today's hearing, counsel Akhbardin argued that the trial judge had erred by deciding that the testimony of witness Femina Anunut of Indonesia was irrelevant to the case.

He said Femina's testimony was important because it would have revealed to the court Nirmala's mental condition, whereby she was said to have been under pressure and was inclined to injure herself.

abused indonesian maid nirmala bonat 210504 He also raised the issue of the absence of injuries to show that Nirmala had defended herself when abused, saying that she should have had such injuries if it was really true that she was abused.

"Is it reasonable to assume that a person will allow a hot iron to be placed on her body without thwarting such an attempt? This is taking into account that Nirmala was physically strong and the accused (Yim) had delivered a baby just months earlier," he said.

Decision at 2.30pm next Thursday

Jagjit Singh drew attention to previous court decisions in several abuse cases and pointed out that the 18-year jail term was extreme.

Raja Rozela submitted that Yim's sentences should run consecutively and not concurrently, meaning she would have to serve 54 years in jail for the three counts of causing grievous hurt.

On why Femina was not called to testify, Raja Rozela said the prosecution did not think her testimony was important because she had never been in Malaysia and had not seen for herself or known what had happened at Yim's house.

"Our not calling her to testify will not hamper the prosecution's case," she said.

The court is expected to deliver judgment on the appeal at 2.30pm on Dec 3.

- Bernama