KUALA LUMPUR, April 11 — A housewife and her two daughters were freed of a charge of trafficking in and exploiting their housemaid after the High Court here today allowed their appeal and quash the conviction against them.
Soo Ah Lai, 61, Yap Siew Ling, 39, and Yap Siew Lee, 32, were initially accused of committing the offence on Cambodian Chhum Pov, 28, at a location in Bandar Manjalara Kepong here at 3.30pm on Feb 18, 2012.
On Feb 22 last year, Judge Hasbi Hasan found them guilty and sentenced them to four years’ imprisonment each.
Justice Amelia Tee Hong Geok Abdullah in overturning the conviction, said the Sessions Court had erred in its decision.
She said the charge under Section 13 of the Anti-Trafficking in Persons Act 2007, was not consistent with the offence and should have been amended.
Alternatively, the appellants should have been charged under the Penal Code for voluntarily causing hurt, she said.
Amelia said there was also no evidence to show an element of human trafficking for the purpose of exploitation.
“The court also finds that the victim had not been wrongfully confined, as she was still able to get out of the house even if it was to take out the garbage, and there was no evidence to show that she did not get paid,” Amelia held.
Deputy public prosecutor P. Viknesvaran appeared for the prosecution while counsel Choong Kak Sen represented the appellants. — Bernama
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