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Thursday, March 2, 2023

After six-year DNAA, two employers back in court over domestic worker abuse

 


The Sessions Court in Ampang has set April 17 to continue hearing a case involving two employers who were granted a discharge not amounting to an acquittal (DNAA) six years ago over allegations of human trafficking and abuse of a domestic worker.

According to court documents sighted by Malaysiakini, judge Wan Mohd Norisham Wan Yaakob presided when the case against Serene Ong Su Ping and Sang Yoke Leng was mentioned today.

Both Ong and Sang were charged under Section 13 of the Anti-Trafficking in Persons and Smuggling of Migrants Act 2007 in relation to the recruitment of Indonesian citizen Meriance Kabu (above) in April 2014.

Ong also faced additional charges under Section 306 of the Penal Code for voluntarily causing grievous hurt by dangerous weapons or means, as well as under Section 307 for attempted murder of Meriance, who is from West Timor, Indonesia.

BBC Indonesia in a special report published yesterday highlighted the alleged torture she suffered during her eight months of employment, evidenced by a permanent scar on her upper lip, four missing teeth and a deformed ear.

The coordinator for consular affairs at the Indonesian Embassy in Kuala Lumpur, Rijal Al Huda, who was present in court today, told this news portal that a request was made for the submission of additional supporting documents, including Meriance's medical report.

Rijal Al Huda from the Indonesian Embassy

"Meriance had testified against her employers during the initial trial and so now she will no longer be required to be present in court.

"The embassy's watching brief lawyer had requested for the next hearing date to be pushed forward from April 17.

"There was also a request from the prosecution for the case to be transferred and heard at the court in Klang (which is) dedicated to such matters," said Rijal.

Expedite the case

When contacted, the embassy's watching brief lawyer CS Selva confirmed he had raised the need for the case to be expedited.

"The judge will decide based on notes of the proceeding, and also if it will be transferred," Selva told Malaysiakini.

He said 11 witnesses were called during the initial trial at Ampang Sessions Court from 2015 to 2017.

Indonesian domestic worker Meriance Kabu

"Maybe there will be one or two more additional witnesses called this time around," Selva added.

The BBC, in its report and video documentary released today, interviewed Meriance who recounted the incidents that led to her being rescued by police officers from her employers’ house in Ampang.

She returned home to Indonesia in 2015, and three years later, two men were convicted and jailed for trafficking the mother of four. The hearing started in Kupang, her home province, and went for an appeal to Indonesia's highest court.

The report quoted from the final verdict also described details of her alleged abuse, said to be caused by objects including a hot iron, tweezers, hammer, baton and pliers. - Mkini

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