A couple acquitted last week of trafficking their Indonesian domestic worker are not out of the woods yet as Indonesia’s s top envoy to Malaysia seeks to appeal the verdict.
Indonesian ambassador to Malaysia Hermono told Malaysiakini he was writing to the Attorney General’s Chambers (AGC) to request an appeal over the acquittal of Radzuan Abu Hadzim and his wife Rosnajihah Ramli.
The couple who faced a maximum of life imprisonment or a term of no less than five years and whipping were acquitted of trafficking charges under Section 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007/22 (Atipsom) on Dec 9.
“The embassy will send a formal letter to the AGC to consider appealing the case that was heard at the session court,” said Hermono (above).
Meanwhile, the couple is on their way to earning the notoriety of being the first Malaysians banned from entering Indonesia for exploiting its citizens.
On Tuesday, following the unexpected acquittal, Hermono declared the couple would be banned from entering Indonesia on the grounds of exploiting their Indonesian domestic worker.
The couple is also facing charges under Section 55B of the Immigration Act 1959/63 for employing an undocumented worker as well as Section 14 and Section 66B of the Employment Act 1955/22 in relation to the recovery of unpaid wages of their domestic worker.
Radzuan and Rosnajihah denied employing the Indonesian woman and instead claimed they were providing her temporary accommodation for seven years.
The couple also told the sessions court in Klang, Selangor, which is dedicated to hearing Atipsom cases, that they were not guilty of the remaining three charges.
When contacted, Rosnajihah, who was represented by a lawyer in the trafficking case, declined to comment on whether she would settle the worker’s unpaid wages.
60-year-old domestic worker Yati Karyati who was rescued from the couple’s residence by the Selangor Labour Department in March was found to be undocumented.
When contacted, Yati told Malaysiakini her passport was withheld, she was denied access to a phone, and was not paid her salary for seven years.
She also shared that she wanted to leave after two years of working for the couple and their five children in a five-bedroom double-storey house. She said her request was refused.
Meanwhile, the Labour Department informed Yati that she was owed RM84,000 in unpaid wages.
Acquittal sends wrong message
Hermono explained the case was closely monitored by the Indonesian government as the protection of their workers abroad is enshrined in his country’s Constitution and mandated by law.
In expressing his disappointment, he said the Malaysian authorities’ commitment to combat forced labour is not apparent, even when there are many elements of forced labour in this single case.
He described the acquittal as sending the wrong message – that it was okay to hire and harbour undocumented workers.
Hermono said the court decided to acquit the couple because Yati was provided accommodation and food and she was free to walk out of the house at any time.
The couple was also acquitted despite the third round of amendments to the Atipsom Act that came into effect this February which provided a broader definition of human trafficking and coercion. - FMT
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