KUALA LUMPUR: A woman was discharged of charges for causing injury using pliers to extract four teeth of her Indonesian domestic worker and for attempted murder 10 years ago.
However, the accused Ong Su Pin Serene, 56, along with her friend Sang Yoke Leng have been ordered to enter their defence for trafficking Meriance Kabu and employing her without a work permit.
Ampang Sessions Court Judge Wan Mohd Norisham Wan Yaakob said the prosecution had successfully proven a prima facie against Ong and Sang under Section 13 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (Atipsom) and Section 55B(1) of the Immigration Act 1959/63.
Ong was discharged over her other two charges under Section 306 of the Penal Code for causing injury with pliers as well as under Section 307 for attempting to murder Meriance.
Both Ong and Sang were previously granted a discharge not amounting to an acquittal (DNAA) to the charges of trafficking, causing injury and attempted murder seven years ago.
On the charges against Ong for causing injury with pliers, Wan Mohd Norisham said Meriance's statement was not supported by other witnesses and the weapon that was allegedly used were not found nor submitted to the court.
However, he said one of the witnesses have noted that Meriance was seriously injured when she was rescued.
On her attempted murder charge, Wan Mohd Norisham said it was not proven that Ong intended to murder Meriance while causing hurt and Meriance witness statement was not supported.
On the Atipsom joint charge, Wan Mohd Norisham said the prosecution had manage to prove that both Ong and Sang had employed Merience from an agent and subject her to violence and forced labour.
He said both the accused who signed the employment agreement with Meriance did not provide her any off days despite her being seriously injured and subject her to strenuous working hours.
She was also bounded to the house without any outside communication.
Wan Mohd Norisham said Ong, who was her employer also repeatedly hit her. Sang, who was always at her house had witnessed the abuse but did not do anything to prevent it and instead hit Meriance too.
The accused may face a maximum punishment of 20 years in jail or fine, or both if convicted under the Aptisom offence.
On the immigration offences, Wan Mohd Norisham said both the accused had failed to provide her with a work permit from May 2014 when she was employed until Dec 2014 when she was rescued.
They may face a fine of not less than RM10,000 and not exceeding RM50,000 or imprisonment of not more than 12 months or both for this offence.
Deputy public prosecutor Anisah Pisol prosecuted, while the accused were represented by S. Prakash. The court set Aug 19 for mention.