First Malaysian domestic worker death recorded in Sabah

Sources in Sabah have confirmed that 28-year-old Nur Afiah Daeng Danim, the domestic worker who was found dead by her employers on the floor of their apartment in Kota Kinabalu last December, was a Malaysian.

Local activists have concurred that Afiah, in employment for five decades at least, was quite possibly the first Malaysian domestic worker to have died of suspicious circumstances.

Although it’s not clear if her parents are Indonesian citizens, sources have confirmed that they are of Indonesian descent.

The case quickly caught the attention of the media in Malaysia and Indonesia when it was believed that Nur Afiah was Indonesian and her employer was former MasterChef Malaysia Season two finalist Etiqah Noorashikeen Mohd Sulong, 33.

Following checks with relevant authorities in Kuala Lumpur, Putrajaya and Sabah, it was confirmed that Nur Afiah was a MyKad holder with the number “12” as the seventh and eighth digits that indicate her place of birth to be Sabah.

Laws do not protect domestic workers

Tenaganita executive director Glorene A Das reiterated her call for separate legislation for domestic workers as all current regulations and policies in Malaysia do not, in any way, protect workers in this sector, even if they are Malaysians, like in this case.

“Because this is an informal sector, the lack of protection or monitoring mechanism has led to more abusive work conditions.

“Changing the word ‘servants’ to ‘employees’ in the Employment Act is not enough.

“We need strong regulations and improved implementation of laws that better protect domestic workers,” Glorene said.

Migrant Care country representative Alex Ong said the rule of law must apply whether the victim was a local or a migrant and he hoped that the police would be able to conduct a thorough investigation to bring justice for the domestic worker.

Alex Ong

Couple facing murder charges

It was reported that Etiqah and her husband Mohammad Ambree Yunos @ Unos, 40, lived in Amber Tower, Lido Avenue, Jalan Lintas, Penampang, where the alleged offence took place between Dec 10 and 13.

Reports have also revealed that the couple claimed to have found Nur Afiah dead upon their return from a holiday on Dec 13. However, the duo was arrested the following day and charged with her murder on Dec 29 at the Kota Kinabalu Magistrate’s Court.

The New Straits Times reported that they were charged under Section 302 of the Penal Code, read together with Section 34 of the same code, which provides for a mandatory death sentence upon conviction.

Whilst the case was still under investigation, Etiqah was successful in her second attempt at a bail application on Tuesday, April 26 when the Court of Appeal granted her bail.

The New Straits Times had reported on March 31 that Etiqah’s bail application was dismissed by High Court Judicial Commissioner Amelati Parnell.

The news portal reported that the proceedings on Tuesday were conducted via Zoom from Putrajaya and judges Lee Swee Seng, Supang Lian and Gunalan Muniandy unanimously decided to grant bail to Etiqah.

Granted bail

It was reported that the court had found merits in the application under special circumstances which made this the second case in Sabah where bail was granted for a non-bailable offence.

Deputy public prosecutor Mohd Dusuki Mokhtar told Malaysiakini that the court found merits in the application under special circumstances, justifying the exercise of discretion to grant bail pending the transmission of the tentative murder charge to the High Court.

He explained that bail was granted under Section 388 of the Criminal Procedure Code, which grants bail to persons under 16 years of age, a woman or an infirm person.

Mokhtar explained that Etiqah was a woman and she had children who needed special attention.

Earlier reports revealed that the mother of three has twins who are both autistic.

“Bail was set at RM30,000 to be deposited with the Magistrate’s Court with one local surety.

“She was also to surrender her passport and all travel documents to the Magistrate’s Court.

“Her bail condition also required her to report to the police station (IPD) in Penampang by 12pm on the first Monday of every week,” Mokhtar explained. - Mkini