The Court of Appeal today declined, for the second time, an application by the prosecution for a warrant of arrest to be issued to force a housewife to attend the hearing of a cross-appeal against her conviction for causing grievous hurt to her Indonesian maid in 2004.

The three-member panel headed by Justice KN Segara ruled that the court has to respect a medical report of University Malaya Specialist Centre (UMSC) consultant psychiatrist Dr Subash Kumar Pillai who had stated that Yim Pek Ha was not fit to attend court between March 2 and June 2.

The court, with a different panel presiding, had declined such an application on Nov 30 last year.

abused indonesian maid nirmala bonat then and now 170108 Yim, 44, faced four charges of causing grievous hurt to her maid, Nirmala Bonat ( left ) , at her apartment in Villa Putera, Jalan Tun Ismail, Kuala Lumpur in January, March and April 2004.

She was found guilty and sentenced to 18 years jail by the Sessions Court on three counts of causing grievous hurt to Nirmala with a hot iron and hot water but was acquitted on the fourth charge of causing hurt to the maid with a metal cup.

However, on her appeal to the Kuala Lumpur High Court, her jail term was reduced to 12 years. The High Court affirmed Yim’s conviction for the first and second charges but acquitted her on the third charge. It also overturned an acquittal by the Sessions Court on the fourth charge of breaking the maid’s nose with a steel cup.   

Today, Justice Segara set June 18 as the next date of hearing and advised Yim’s lead counsel Jagjit Singh to advise his client not to delay the matter further.

The two other panel members were Justices Azhar Mohamed and Linton Albert.

Earlier, deputy public prosecutor Abazafree Mohd Abas objected to Jagjit Singh’s application for a postponement, citing Yim’s medical condition.

abused indonesian maid nirmala bonat 170108 yim pek ha Abazafree told the court this was not the first time that Yim’s ( left ) counsel had tendered a medical report from the same doctor and stating the same grounds.

“Each time, they will only notify us of Yim’s absence on the morning of the hearing date. This court should put a stop to this by issuing a warrant of arrest for the respondent,” contended Abazafree.

Dr Subash Kumar had stated that there has not been rapid improvement in Yim’s overall condition and that she has been having “passive suicidal thoughts and there has been a worsening of her depressive symptoms”.

The psychiatrist also stated that Yim was not fit to attend court at this time due to the severity of her condition and that she should be able to recover in the next three to six months.

- Bernama