Yim Pek Ha, who was found guilty of inflicting grievous hurt on her former Indonesian maid Nirmala Bonat, has obtained a stay of execution pending appeal.

The 40-year-old housewife was freed today on RM200,000 bail.

Judge Akhtar Tahir in allowing the appeal said the court should let the law run its course although the accused has been found guilty.

bonat court case yim pek ha 1 "The right to an appeal is given by law up to the final level. This does not make the accused less guilty as she has already been convicted by this court," he said.

"I also accept the need for the accused to be close with her children and also the medical reason that the accused suffers from asthma. The accused is also a first offender. Hence, the court will allow the stay on compassionate grounds."

Akhtar, however, decided to increase bail to RM200,000 with one surety following his ruling yesterday which found Yim guilty on three counts of causing grievous hurt to Nirmala.

He also set two conditions of bail - that Yim has to report to the nearest police station if she goes out of Kuala Lumpur and that she will have to surrender all travel documents to the court.

The High Court had granted Yim bail on July 19, 2004, after it was reported she suffered from high blood pressure. It set conditions that bail be posted at RM85,000 with one surety and the family is not allowed to employ maids until disposal of the case.

Policewoman thanked

Counsel Jagjit Singh informed the court that the defence had filed an application for stay of execution yesterday, and thanked the court for hearing the matter today.

Jagjit listed several reasons for the application, including Yim's medical condition.

He said although the High Court had set bail at RM85,000, Yim's brother-in-law had desposited RM100,000 with the court.

The counsel said Yim had fainted yesterday as soon as she was led to the police court lock-up, due to her bouts of asthma.

"I would like to take this opportunity to thank the woman police sergeant who helped her recover," he said.

Jagjit said, besides this, his client’s four-year-old son has missed her, as she had spent the night in prison.

Co-counsel Akbardin Abdul Kader said the gravity of the offence was not that serious as the victim has not suffered permanent injury or loss of limbs. He also said there is little likelihood the accused will repeat the offence.

No special grounds

DPP Noorin Badaruddin objected to the stay application as there were no special grounds stated.

"Under section 311 of the Criminal Procedure Code states, the court has to be satisfied that there is a special reason to allow a stay. The court has already found her guilty.

"The only reasons given were her medical condition and her closeness to the family. The court should consider the public interest due to the gravity of the offence and the conviction," she said.

Noorin said, should the court allow a stay, it should increase the bail amount as the court has found her guilty.

Outside the court, Jagjit again commended the police for helping Yim to recover from her ordeal.

"The policewoman helped buy food and drinks for Yim, using her own money. We have to commend the police for the assistance given. She also helped console her," he said.

abused indonesian maid nirmala bonat then and now 170108 Yesterday, Akhtar found Yim guilty on three counts of hurting Nirmala (right) . An additional count of causing hurt was however not proven.

He sentenced her to 18 years' jail on each of the three charges but ordered the sentences to run concurrently.

Akhtar said Yim had committed sadistic behaviour that cannot be tolerated in a civil society.

She had pressed a hot iron on Nirmala's back and breasts and poured hot water on her legs as punishment for not doing the chores properly.

Yim was cleared of a fourth charge of breaking the maid's nose with a metal cup.

After Yim was sentenced yesterday, she was sent to the Kajang prison.

'The children know'

Yim was brought back to the Kuala Lumpur court complex at about 4pm today.

She told reporters that she had suffered an asthma attack this morning, which compelled her to seek medical treatment.

bonat court case yim pek ha 2 Looking tearful, Yim claimed she had to share a cell with nine Indonesians, who had told her that they believe in her innocence.

"I met some wardens who had been there when I was first remanded for two months in 2004. They were nice and treated me well," she said.

"They advised me to stay calm, to be cheerful and keep up my spirits. They also said to believe in the justice system. If I am innocent, I will be out.

“I still maintain my innocence. Thank you so much for helping and being concerned about me.”.

Her husband Hii Ik Ting, 42, said their three daughters aged 11, 9 and 7 know that she could be jailed.

"My father-in-law is taking care of my son (the youngest child)," he said.

Yim was taken back to Kajang prison to be finger-printed, after which she was to be released to her family.