Outrageous! AG must explain clearing employer of maid's murder - Paulsen
Dropping the murder charge against a Malaysian employer in connection with the death of her Indonesian maid is outrageous, Malaysia's representative to the Asean intergovernmental commission on human rights Eric Paulsen said.
Speaking to Malaysiakini this afternoon, he said Attorney-General Tommy Thomas must explain the rationale behind the move...
Dropping the murder charge against a Malaysian employer in connection with the death of her Indonesian maid is outrageous, Malaysia's representative to the Asean intergovernmental commission on human rights Eric Paulsen said.
Speaking to Malaysiakini this afternoon, he said Attorney-General Tommy Thomas must explain the rationale behind the move.
“I just cannot understand why the DPP in charge of the prosecution would do such a thing.
“This was one of the most serious abuse cases ever seen in Malaysia and yet the DPP somehow saw fit to drop the charge. I can't imagine what circumstances would justify the DPP's action as his or her decision has led to grave injustice and impunity.
“It sends the wrong message, time and time again, that the lives of migrant workers are of no value and perpetrators of serious abuse can get away simply because the law does not equally apply to protect migrant workers,” Paulsen said.
If Thomas does not explain the matter, he added, then it would lead the public to think that some unjustifiable or ulterior motivations were involved.
Previously, it was reported that the deceased, Adelina Lisao, was allegedly tortured and forced to sleep with the dog outside her employer's house in Penang.
The 21-year-old Indonesian national died in February last year after being found outside the house with her head and face swollen and covered in wounds.
Her employer, MAS Ambika (in photo above), was charged with murder.
The prosecution later sought a dismissal not amounting to an acquittal (DNAA) but the Penang High Court reportedly granted the accused a full acquittal.
According to The Malaysian Insight (TMI), lawyer Anbananthan Yathiraju stated that upon considering the documents received from the prosecution, the defence had applied to the prosecutor's office to reconsider the charge.
“In the hospital case note, it was mentioned that prior to her death, the maid had informed medical staff she was not abused by the accused and she came into contact with the chemical while cleaning the toilet,” he was quoted as saying.
He reportedly added that the first witness in the murder trial, the forensic expert, testified he could not find any traces of chemicals or acid on the deceased.
Anbananthan said: "When the matter was called up for continued hearing on April 18 in the Penang High Court, the (deputy public prosecutor) DPP informed the judge that the prosecution did not wish to proceed further and requested that the accused be given a DNAA under Section 254 of the Criminal Procedure Code.
“The defence counsel objected to the DNAA and suggested if the prosecution did not wish to proceed further, then the accused ought to be acquitted in view of her age and poor health."
News agency AFP quoted the executive director of Indonesian NGO Migrant Care Wahyu Susilo as condemning the acquittal.
Wahyu said the employer may have been cleared due to a failure to get key witnesses - such as Adelina's parents - to testify at the trial and he called on Jakarta to lodge a protest.
An online petition - "Why is her abuser free? - Malaysians demand #JusticeForAdelina" - questioning the court's decision has garnered close to 11,000 signatures at the time of writing.
According to Bukit Mertajam MP Steven Sim, Thomas has pledged to investigate why the charge was dropped.
