Justice is a slow and labourious process and after months of controversy and outrage, the High Court judge who ruled over the outrageous murder case of Adelina finally clarified why he gave her alleged murderer an acquital.
In February of last year, a domestic helper hired by a Malaysian family in Penang was rescued from her employer’s home after the neighbours reported she had been sleeping next to a dog in a covered car park of the house.
Source: CNA
Her name was Adelina Sao (also reported as Lisao), and her employer didn’t want the pus that was oozing from her body “dirtying their home”. According to The Star, her arms and legs were covered in burn marks, and her face was covered with bruises. Adelina was tortured by her employers to the brink of death.
Source: The Star
She died the next day in Seberang Jaya Hospital due to organ failure as reported by Malaysiakini. This appalling case wasn’t in the eyes of the public until a year later when the victim’s family publicly sought justice for Adelina’s death. Her mother, Yohana Banunaek told reporters on 12 February 2019 that her daughter died not because of her sickness but because she was tortured.
The employer, 61-year old S. Ambika was charged under Section 302 of the Penal Code on 21 February last year for the murder of Adelina which carries a mandatory death sentence if convicted.
Source: Malaysiakini
More than a year later, the case has stalled, and a continued hearing was scheduled to adjourn on 19 April 2019. However, the hearing was brought forward a day earlier on 18 April 2019 and surprisingly, S. Ambika walks away scot-free from the whole charge!
She was granted full acquittal during the hearing although the prosecution requested for a discharge not amounting to an acquittal.
What’s more, it was understood that neither Adelina’s family nor her representatives in Malaysia were informed that the date was brought forward. This must have been really shocking for them to hear!
Just recently today (21 June 2019), FMT reported that Akhtar Tahir, the Pulau Pinang High Court judge that ruled over the proceedings clarified that Ambika was acquitted because the government prosecutor failed to provide the court with ample reason for the discharge not amounting to an acquital (DNAA) that they were going for the case.
The prosecutor themselves said that they were only instructed to apply for DNAA during the proceedings without any further clarification.
During the proceedings, the defense council cited Section 254(3) of the Criminal Procedure Code urging for the accused to be acquited due to age and health factors.
Hence, that is why the accused was acquitted as according to the judge,
“Section 254(3) clearly prescribed that the court possess due descretion to acquit the accused and not give DNAA, hence her acquital.”
The decision to acquit her has caused outrage across the nation and none more vocal than Tenaganita, a Malaysian human rights organisation which released this statement below:
? URGENT: Where is JUSTICE for Adelina? Adelina Sao, 21, was found sleeping with the dog outside her employer’s home, her body covered in burn marks. She was rescued, but died of organ failure. Yesterday, her employer was acquitted. We are outraged. Where is #JusticeForAdelina? pic.twitter.com/jMe9d7CqEH
— TENAGANITA (@Tenaganita) April 19, 2019
The #JusticeForAdelina hashtag is now trending on Twitter, and many have followed in the footsteps of Tenaganita in asking for a review of the acquittal. The development has also caused a backlash in Indonesian media such as this piece by Sindonews here.
Following the peculiar decision by the prosecution to acquit the accused, the Malay Mail reported that Bukit Mertajam MP, Steven Sim said that Attorney General Tommy Thomas would “personally” investigate why the decision was made and upholds justice according to the law.
Sim commented,
“I have contacted the Attorney General to seek clarification. The AG has responded that he will personally investigate this matter to look into the next course of action.”
Also read: Mother Seeks Justice for Daughter Who Worked as Maid & Was Tortured to Death in M’sia
