Crime & Courts

'She is a human being, not a punching bag,' judge tells maid's employer

KLANG: An accountant who had exploited and deliberately inflicted injuries on her Indonesian maid, including by placing a heated spoon on her thigh, got an earful from a Sessions Court judge who had described her acts as criminal.

Judge Zulqarnain Hassan, in sentencing R. Vigneswary, 37, to nine years' jail and a RM12,000 fine after finding her guilty of six charges, also ordered her to compensate RM55,000 to the victim, Rosmalina, 55, within six months.

He said the mother of triplets should use her intelligence and treat the maid sensibly and not emotionally.

"There were injuries and pain caused by the beatings which frequent. It is clear in the pictures (shown to the court) that there were injuries on her head, thigh and swelling on her eyes.

"The most severe injury was on her thigh as a hot spoon was placed on it.

"A maid is human and not a punching bag for you to release anger and beat.

"Causing injuries to the maid because she was slow is not an act of an accountant but a criminal.

"The law is very clear that exploiting a maid without paying her wages and causing injuries are criminal acts and are committed by a criminal," he said.

The judge said Vigneswary, as a woman, should treat the maid just like a mother and respect her as an older person.

Vigneswary, who stood in the dock, was in tears during the proceedings.

Zulqarnain convicted Vigneswary after ruling that the defence had failed to raised reasonable doubt at the end of its case.

Vigneswary faced six charges, one under Section 13(b) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act; four under Section 323 of the Penal Code and one under Section 324 of the same code.

She was accused of inflicting injuries on the victim's hips, ears, head as well as thigh by using a hot spoon; and exploitation of forced labour using violence at a house in Seksyen U13 between February and May 2021.

Defence lawyer Tham Weng Kin then applied for a stay of execution on the jail sentence pending the filing of a notice of appeal against the conviction.

He also applied for his client to be released on bail as she needed to care for her children and she was scheduled for hospital treatment in August.

However, deputy public prosecutor Edna Lau Chia Xin objected to the application because the offences committed by the accused were serious.

She said there were no special circumstances that warranted the accused to postpone the jail sentence.

"Her health condition can be treated while in jail. The prison has facilities and medicine can be provided," she said.

After hearing the submissions, the judge allowed the defence's application and ordered Vigneswary to settle the fine immediately.

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