High Court acquits domestic worker of theft charges
4 September 2020
On 4 September 2020, a migrant domestic worker, Parti Liyani (Yani), was fully acquitted at the High Court by Justice Chan Seng Onn, of charges of theft that had previously been levelled against her.
Background
Yani had been accused by her previous employers of stealing 144 items worth $50,856. She faced 4 charges under sections 381 and 380 of the Penal Code. A fifth charge was stood down at the start of the trial. The second of these four charges was amended by District Judge Olivia Low on 20 March 2019 when the verdict of Yani’s trial was released, in which Judge Low removed five items and lowered the total value of items stolen to S$34,456. Several items —including two wallets and five items of clothing—were removed as there was doubt as to whether the items belonged to the victim stated in the charge sheet, Mr Karl Liew. The value of one of the items, a “damaged ‘Gerald Genta’ watch”, was also significantly reduced.
The investigations against Yani commenced on 3 December 2016. Since then, she has been staying at HOME’s shelter. HOME has assisted her in obtaining pro-bono legal support. She was found guilty in 2019 of all four charges, and was sentenced to 26 months’ imprisonment. She appealed against the verdict and sentencing. She was represented at trial and at the appeal by Mr Anil Narain Balchandani of M/s Red Lion Circle.
Outcome of the appeal at the High Court
Justice Chan Seng Onn has acquitted Yani of all 4 charges. In his judgment, he stated that the Liew family had “improper motives” and wanted to stop Yani from going to the authorities to report that she had been made to clean Mr Karl Liew’s office and house, besides working at the family home. In particular, the judge said that the Liew family may have taken the “preemptive first step to terminate her employment suddenly” so that Yani could not make a complaint against them.
The judge also raised the break in the chain of custody of evidence. He found that the allegedly stolen items were improperly handled by the family members before the police photographed and seized them on 3 December 2016, some five weeks after the Liew family made the police report against Yani on 29 October 2016. This created a reasonable doubt as to the accuracy of the items that were allegedly stolen. Justice Chan also noted that two of Yani’s statements taken by the police were done so without interpreters, which was in breach of the Criminal Procedure Code.
Our thoughts
HOME has journeyed with Yani during the course of the investigations, the trial, and appeal. She steadfastly maintained her innocence throughout, stating that the items were either given to her by her employers, had been discarded, or belonged to her. We are glad that justice has prevailed and that Yani’s conviction has been fully overturned.
We would also like to highlight the systemic difficulties that migrant workers, such as Yani, face when they are wrongfully accused.
Such migrant workers are left waiting in a foreign country while investigations are ongoing, without any indication of the length of such investigations. In Yani’s case, she was arrested on 2 December 2016, charged on 31 August 2017, and has spent almost four years at HOME’s shelter, waiting for the conclusion of her case. We also provided her a bailor for the sum of $15,000, an option which is not available for most migrant workers accused of crimes.
These migrant workers are often not allowed to work, thus they are reliant on organizations like HOME to provide them shelter, food, and financial assistance. During this time, they are also not allowed to leave the country, and have no means of seeing their families back home.
Consequently, by the time many migrant workers are presented with charges, they choose to plead guilty even if they are of the view that they are innocent of the charges that they are facing. The time it takes for them to serve their sentence may be shorter than the time it takes to go through the court process. HOME believes that every individual should be given a chance to a fair trial, and access to legal representation, regardless of their work pass status or nationality.
HOME would also like to express our deep appreciation for Mr Anil Balchandani, who has worked tirelessly to represent Yani at the trial and appeal stage. We are also very grateful for the many volunteers and interns who have been involved in Yani’s case and who helped her maneuver the complexities of her case.
We are glad that Yani has chosen to fight for her innocence, and refute the charges made against her by her former employers. We are glad to have been able to support her, and in the process, get to know her kind, helpful, and spirited personality. HOME wishes her all the best for her future.