NGO wants employer of deceased domestic worker to face fresh charges
The NGO Tenaganita has urged the Attorney-General’s Chambers to file fresh charges against Ambika MA Shan over the death of her domestic worker Adelina Lisao as a result of alleged abuse.
This came after the Court of Appeal upheld Ambika’s acquittal on the murder charge over Adelina’s death...
The NGO Tenaganita has urged the Attorney-General’s Chambers to file fresh charges against Ambika MA Shan over the death of her domestic worker Adelina Lisao as a result of alleged abuse.
This came after the Court of Appeal upheld Ambika’s acquittal on the murder charge over Adelina’s death.
“We have been made aware that the prosecution has 10 days to re-charge the perpetrator with another charge, and we hope that she can be charged under 304A: 'Whoever causes the death of any person, by doing any rash or negligence act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years or with fine or with both' - because Adelina was so brutally and severely abused by the employer that her body could only succumb to death.
“She was found with severe injuries on her head and face, and infected wounds on her hands and legs.
“Tenaganita strongly believes that the only efficient way to eliminate serious abuse and exploitation towards any person is for the perpetrators to be prosecuted and jailed for lengthy periods of time,” Tenaganita executive director Glorene A Das (photo, below) said in a statement today.
Adelina had allegedly suffered physical abuse and was left to sleep at her employer’s car porch with her injuries before she was rescued following the intervention Bukit Mertajam MP Steven Sim on Feb 10, 2018.
Despite receiving treatment at Bukit Mertajam Hospital, the 26-year-old succumbed to her injuries the next day, due to multiple organ failures.
Prosecutors had pressed charges against Ambika and her daughter on the following week but abruptly dropped the charges in April last year.
It was reported that the prosecutors were seeking a dismissal not amounting to an acquittal, but the court granted a full acquittal instead.
The Attorney-General's Chambers later appealed the court decision while sources close to the attorney-general at the time, Tommy Thomas, claimed that the prosecution had decided to drop the charges without consulting Thomas.
Earlier today, Free Malaysia Today reported that the Court of Appeal had upheld the acquittal after finding there is “no appealable error” in the High Court's decision.
Glorene said the court decision sends a dangerous message to all those who abuse and exploit another human being.
“Adelina is dead. This should mean something to the court and to all Malaysians, and we really hope that the prosecution is able to act fast with the new charges against the employer immediately.
“While we are extremely disappointed, we continue to hope that the Malaysian criminal justice system will review and accept the new charges, being fully aware that today’s impunity is tomorrow’s crime,” Glorene added.
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