Court: Nirmala can't skip examination by specialists

Indonesian housemaid Nirmala Bonat’s mental state and physical injuries will have to be examined by medical specialists.  

This is because she (Nirmala) failed in her appeal at the Court of Appeal in Putrajaya today to set aside a High Court’s decision which had allowed the application of her former employer Yim Pek Ha and her (Yim’s) husband to have her (Nirmala) examined by medical specialists.  

Nirmala ( left ) is suing Yim and her husband Hii Ik Ting, seeking damages for the pain and suffering she claimed she had endured as a result of abuse.

Yim, 45, is in Kajang prison serving a 12-year jail sentence after she lost her final appeal at the Court of Appeal in October last year to set aside her conviction and sentence for causing hurt to Nirmala.

Justice Ramly Ali chairing a three-member panel today unanimously dismissed Nirmala’s appeal after ruling that Nirmala would not be prejudiced if she was examined by specialists.

Justices David Wong Dak Wah and Tengku Maimun Tuan Mat were the other two judges on the panel.  

The civil suit is scheduled for case management at the High Court in Kuala Lumpur on July 26.

The 29-year old from Desa Tuapakas in Kota Kupang (Nirmala) filed the civil suit in 2010 against Yim ( left ) and Hii, 47 claiming that she suffered pain, humiliation and physical and mental anguish while working as a maid for the couple at Villa Putera in Jalan Tun Ismail between September 2003 and May 2004.

Nirmala sought general damages for pain and suffering and more than RM40,000 for loss of income and medical expenses as special damages.

On Feb 27, this year, the High Court allowed the couple’s application to have Nirmala examined by a medical specialist to be engaged by Yim and Hii to ascertain if her injuries were caused by Yim or self-inflicted.

Nirmala was represented by lawyer M Kavimani while Yim and Hii were represented by lawyers Chan Vy Sing and Lam Cheng Wun.

- Bernama