Statement on Parti Liyani's application for compensation
22 June 2021
On 4 September 2020, Parti Liyani was fully acquitted of theft by the High Court. On 7 December, Parti made a ground-breaking application for compensation from the prosecution.
Yesterday, the High Court dismissed Parti's application. It decided that the statutory requirements—that the prosecution must be proven to be "frivolous or vexatious"—were not met. While this verdict is disappointing, Parti’s courage has paved the way for other similar applications, by clarifying the law on compensation for acquitted persons.
Parti’s application spotlights migrant workers’ very concrete losses and obstacles while navigating the criminal justice system. Like Parti, who waited four years for her exoneration, accused migrant workers are left in limbo throughout their case, for months or even years. Migrant workers under investigation are often not allowed to work by the authorities, or unable to find employment due to the stigma of the accusations. They are unable to support their families and struggle with meeting even their own basic needs. Some workers come to HOME having slept in the street for days. Many, who are their families’ sole breadwinners, agonise for months about whether to share their plight with their loved ones.
Every year, HOME sees many more migrant workers like Parti. They are often left reliant on the few organizations like HOME which provide them shelter, food, and medical upkeep. Few migrant workers know their rights, or what help is available. Desperate to end their ordeal quickly, many see little choice but to plead guilty even if they believe themselves innocent. HOME also provides migrant workers legal support, and covers legal disbursements.
HOME extends heartfelt gratitude to pro-bono defence counsel Mr Anil Balchandani of Red Lion Circle for his tireless dedication during Parti’s trial, appeal and this compensation application, and also to the volunteers involved. We would like to share a message from Parti, whose courage and equanimity continually inspire us:
Although I feel disappointed, I accept the decision of the Singapore High Court with gratitude that my application for compensation was heard.
I hold firmly to my hope that the Public Prosecutors will find wisdom and learn from my case, and that each Prosecutor shall always remember that their role is to achieve and enforce justice, not merely to convict.
My deepest gratitude goes to Mr Anil Balchandani, all of his team members and HOME Singapore who have accompanied and supported me in this tortuous struggle over the past four years. I will never forget your support and services.
To support low-wage migrant workers facing criminal accusations, please consider donating at www.home.org.sg/donate. Your generosity empowers them to make dignified choices, by helping meet their basic human needs, with a better chance for fair representation and just outcomes.