Maid abusers escape gallows
Couple jailed 20 years after charge amended to culpable homicide
PUTRAJAYA: A former wiring consultant and his wife who were initially sentenced to death for murdering their Indonesian maid escaped the gallows after the Federal Court amended the charge to culpable homicide.
A five-man Bench led by Court of Appeal president Justice Zulkefli Ahmad Makinudin then sentenced Fong Kong Meng, 62, and housewife Teoh Ching Yen, 60, to 20 years’ jail.
In a unanimous decision, Justice Zulkefli together with Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Justices Hasan Lah, Balia Yusof Wahi and Aziah Ali ordered the sentence to run from the date they were remanded on June 5, 2011.
The panel made the ruling after allowing the couple’s appeal against the death sentence.
They were found guilty of murdering Isti Komariah, 26, at a house in Sea Park, Petaling Jaya, between May 14, 2010 and June 5, 2011.
Justice Zulkefli said the court found that the prosecution had failed to prove its case on murder.
In mitigation, lawyer Datuk Seri Gopal Sri Ram said both appellants had been remanded for almost seven years since June 5, 2011, and the wife has breast cancer.
Deputy public prosecutor Mohd Hamzah Ismail asked for a deterrent sentence as the victim had suffered starvation as a result of the couple’s failure to provide her food.
“In this case, the maximum sentence is 30 years. I ask for 25 years for both appellants,” he said.
When asked by Justice Zulkefli if the wife should receive the same sentence since she was suffering from cancer, Mohd Hamzah replied: “The prison (authorities) can take her to hospital.”
Justice Zulkefli then said: “The court finds that the appropriate sentence in this case is 20 years for each of the appellants.”
Earlier, Sri Ram submitted that his clients did not cause the death of the victim as they had provided food for the maid.
Hisyam Teh Poh Teik, who also acted for the duo, said the maid had written in her notebook that “majikan saya baik, tetapi saya yang kurang, kalau saya buat jengkel, tapi masih sabar” (my employers are good, I was not so good, when I was being annoying, they were patient).
To this, Mohd Hamzah replied that the victim was deprived of food and was accused by the couple of stealing biscuits and soup in the house.
He also said the victim’s weight had dropped to only 26kg at the time of her death from 49kg when she first started working for the couple.
On March 6, 2014, the High Court found that the victim died of starvation as a result of the couple’s failure to provide her food and medical treatment. — Bernama