The Civil Society Coalition for Justice for Adelina held a protest outside the Malaysians Embassy in Jakarta, Indonesia this morning, condemning the acquittal of Ambika MA Shanmugam at Malaysia’s highest court on June 23 over the death of domestic worker Adelina Lisao.
The group, in a media statement, urged the Indonesian government to file a diplomatic protest note against Malaysia over the Federal Court’s decision to uphold the acquittal of Ambika.
The group said the decision was a miscarriage of justice for Adelina, her family, Indonesian domestic workers and the Indonesian nation.
About 20 protesters gathered outside the Malaysian Embassy holding placards that displayed photos of Adelina during her final days alive.
Adelina’s death shook the nation as well as Indonesians back home when photographs of the domestic worker sleeping on the porch with the family dog went viral.
Adelina, a domestic worker from the East Nusa Tenggara islands in Indonesia, died at the Bukit Mertajam Hospital in February 2018 after allegedly succumbing to severe infections on her limbs and wounds on her face and head.
No new recruits in Malaysia
Expressing regret over the decision that freed the employer of responsibility for Adelina’s death, the group said it was obvious that the domestic worker was “tortured until she lost her life”.
“We consider that Malaysia was unfair and inconsistent with the values of human rights in enforcing the law against heinous torture of Adelina,” read the statement.
The group accused Malaysia of faltering in its respect for the memorandum of understanding (MOU) that was signed between the two countries for the employment and protection of Indonesian domestic workers in Malaysia on April 1.
Owing to this, the group has also urged the Indonesian government to postpone the implementation of the MOU whilst taking strategic steps to evaluate its labour cooperation with Malaysia.
Since the MOU came into effect the same day it was signed, no new recruit of domestic workers has arrived in Malaysia under the new terms.
The first batch of domestic workers was expected to arrive on May 31 but was postponed with no reasons for postponement or new dates provided by either side.
The first joint committee meeting between the countries that will discuss the implementation and enforcement of the terms in the MOU is scheduled to be held next month (July) and subsequent meetings will be held once every three months.
Indonesia mulling civil suit against Ambika
Following the Federal Court’s decision to uphold Ambika’s acquittal of murder charges, Indonesian Ambassador Hermono told Malaysiakini that they were in discussions to file a civil suit against the employer.
Unsatisfied with the decision of the courts, Hermono said he was disappointed the case was not given enough seriousness.
Referring to the prosecution’s request for discharge not amounting to an acquittal (DNAA) during the mid-trial in the High Court in Penang, Hermono said no legal explanation was ever given for this request.
On April 18, 2019, Penang High Court judge Akhtar Tahir, in his judgment, said the deputy public prosecutor did not offer reasonable grounds for requesting a DNAA.
It was learned that a representation to the attorney-general was made by the respondent’s counsel on April 4, 2019, for the charges against Ambika to be dropped.
Subsequently, the Solicitor-General III, on behalf of the Attorney-General’s Chambers (AGC), by letter dated April 16, 2019, had accepted the representation and agreed not to proceed with the prosecution of the respondent.
Hence, the decision not to proceed with the prosecution of the respondent was made two days before the decision by the trial judge to acquit the respondent on April 18, 2019.
Back wages
Meanwhile, a source familiar with the matter told Malaysiakini on June 14, 2019, that the prosecution made the decision without consulting the then attorney-general Tommy Thomas.
Adelina was probably the only domestic worker to receive her back wages posthumously.
Her mother received RM63,900 in back wages and compensation.
She was paid Adelina’s unpaid wages for 36 months between 2015 and 2018.
Meanwhile, Ambika’s daughter, R Jayavartiny, 32, pleaded not guilty to knowingly employing an undocumented migrant worker.
The salesperson was charged under Section 55 (B) (1) which carried a fine of RM50,000 or imprisonment of up to 12 months or both.
However, the outcome of this case is not known.
Ambika’s 43-year-old son, who was arrested together with his mother and sister, was released on police bond and it is not known if any charges were brought against him.
It was also reported that the authorities in Indonesia had arrested and charged two individuals with human trafficking, in relation to Adelina’s case. - Mkini
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