http://thestar.com.my/news/story.asp?file=/2009/12/3/nation/20091203154712&sec=nation
Published: Thursday December 3, 2009 MYT 3:43:00 PM Updated: Thursday December 3, 2009 MYT 7:55:04 PM High Court reduces housewife's jail term to 12 years (Update) By LISA GOH KUALA LUMPUR: Housewife Yim Pek Ha's jail sentence was reduced from 18 years to a total of 12 years, following her appeal against her conviction and sentence for causing grievous hurt to her Indonesian maid Nirmala Bonat five years ago. Judicial Commissioner Azman Abdullah reduced her sentence from 18 years to five years each for two of her four charges of causing hurt to Nirmala using an iron in January, 2004, and hot water in March, 2004. On her third charge of causing hurt to Nirmala with an iron in April, 2004, Azman acquitted her on technical grounds. However, he overturned the Sessions Court's acquittal on her fourth charge of breaking the maid's nose with the steel cup, and sentenced her to two years jail. He ordered her sentence to run consecutively, making it a total of 12 years. Yim, 41, who turned up in court yesterday dressed in a red blouse and black skirt, was already teary-eyed even before her case began. When the court was adjourned, she was seen holding on to her husband Hii Ik Tiing and sobbing, while family members who had turned up to support her tried to comfort her. In May 2004, Yim was charged with four counts of causing hurt to Nirmala with a hot iron, hot water and a metal cup at her house at Villa Putera, Jalan Tun Ismail here in January, March and April, 2004. The offences carry a maximum 20 years' jail and fine or whipping. In November last year, the Sessions Court found her guilty of the first three charges, and sentenced her to 18 years jail for each charge. Her sentence was set to run concurrently. She was acquitted of her fourth charge of breaking the maid's nose with the steel cup. However, she was granted a stay of execution pending her appeal in the High Court, and was released on a RM200,000 bail. Representing her were counsel Jagjit Singh and Akbardin Abdul Kader. The prosecution, represented by deputy public prosecutor Raja Rozela Raja Toran, also filed a cross-appeal, claiming that her sentence should run consecutively. Yesterday, the High Court found her guilty as charged and upheld her conviction on her first two charges. However, it reduced her sentence following her appeal that she still had young children to care for. On the third charge, after the submissions from both parties, Azman found that the incident had in fact occurred in March, and not April as charged, and that the prosecution should have applied to have the charge amended. "Even though the difference is only a month, on those grounds, I find that the prosecution has failed to prove a prima facie case against the accused on the date of when the offence allegedly took place. "Her conviction by the Sessions court is overturned," he ruled, acquitting Yim of this charge. On Yim's fourth charge of breaking Nirmala's nose with the steel cup, Azman also overturned the Session's court decision to acquit her, convicting her after finding that Nirmala's claim that she was hit and made to let her nose bleed into the cup was corroborated with the chemist's analysis which showed that it was Nirmala's blood in the cup. When sentencing for the fourth charge, he said: "Punishment is necessary to ensure that others do not repeat this offence, be it on a maid, spouse, children or even animals." The court also granted Yim's application for a stay of execution order, pending her appeal in the Court of Appeal, on condition that her notice of appeal be filed as soon as possible. Speaking to reporters later, Raja Rozela said that the prosecution would also be appealing against the decision. Related Stories: Housewife's appeal set for mention on July 30 Nirmala Bonat: High Court sets July 30 for appeal mention Yim jailed 18 years for abusing her maid Housewife Yim gets bail and stay of execution (updated) [Non-text portions of this message have been removed]
