Was the judge right?
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Concerning the recent case of causing hurt,the accused prefered flogging & jail instead of reformative training.The judge accepted his preference for harsher punishment.Was the judge right?
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Maybe he was, maybe not.
But the judge who thought Took Leng How was guilty of nurder was certainly wrong. Ditto to the one who allowed the four commandoes to get away lightly with the dunking death of a trainee.
In fact, our judicial system would improve if we allowed ourselves to become the eighth member of John Howard's empire. -
Housewife who ordered maid to hang laundry from ledge jailed
WTF! Such a light penalty for causing maid's death?
By Elena Chong
Feb 8, 2006
The Straits Times
A HOUSEWIFE was yesterday sentenced to two weeks' jail for ordering her maid out onto a ledge to hang the laundry, resulting in the 22-year-old Indonesian plunging eight floors to her death.
The court rejected Ngu Mei Mei's contention that it was her mother-in-law, not her, who wanted the clothes hung out on the ledge.
District Judge Thian Yee Sze said that as the employer, Ngu bore the 'ultimate responsibility' for the maid's safety.
She should not seek a lighter sentence by arguing that she was a dutiful daughter-in-law who had to defer to her mother-in-law's decisions relating to housework.
'The court takes a grave view of irresponsible conduct, albeit unintended, on the part of an employer,' said the judge.
Ngu, 37, a mother of three, is the first employer to be convicted for jeopardising her maid's life by placing her in danger.
She had asked Miss Yanti, then 11 days into her job, to climb out of a window at her Windermere condominium apartment, at Choa Chu Kang Street 64, onto the ledge to hang laundry on Dec 20, 2003.
After she pleaded guilty last week, her lawyer, Ms Wong Soo Chih, argued that Ngu should only be fined and not jailed as it was her mother-in-law who was in charge of supervising the maid.
Under the Penal Code, Ngu could have been jailed up to three months or fined up to $250, or both.
She produced a statutory declaration from Madam Khoo Siew Neo, 64, who confirmed that she had ordered the maid to hang laundry on the ledge. Madam Khoo said she did so despite protests from her daughter-in-law and her son.
But this cut no ice with the judge yesterday, who noted that the condominium's architect and management corporation had stated that the ledge was not intended for residents to use as a balcony.
While she could appreciate the 'complexities and conflicts which can arise in a familial or other interpersonal relationship', this does not relieve the employer from bearing the ultimate responsibility for the maid's safety.
She noted that Ngu was aware of the danger posed to the maid, as well as two previous maids who had hung laundry in the same way.
She also rejected as 'immaterial' the defence argument that Madam Khoo and other residents also used the ledge as a drying area.
She said: 'It is one thing to take the risk yourself out of your own volition. It is another matter altogether to subject another person to such a risk.'
The two-week jail sentence, she said, was to send the message that it was inexcusable for employers who put their maids' lives in danger.
A Manpower Ministry spokesman said in such cases, the employer will be barred from hiring a maid permanently. There were eight accidental falls last year, she said, adding that maids are briefed on their rights when they come here, and told to report to the ministry if their employers compromise their safety.
Maid agents say they do the same too. Mr David Haw of Newway Holdings even plays a video recording of what happens when someone falls from a high-rise building.
Labour MP Halimah Yaacob does not think it is enough to take to task the employer whose name is on the work permit, as others may be supervising the maid, as was the case with Ngu. A more specific prohibition on banning such acts would work better.
Ngu's husband, Mr Lim Juay Hiong, 35, said: 'This should not be made a landmark case. My wife should not be made a scapegoat to send a message to other employers of maids.'
Deputy Public Prosecutor Crystal Ong told The Straits Times that there are no plans to prosecute Madam Khoo.
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I believe the judge has realised his mistake.After the case,he refused other accused who invloved in the same incident from choosing harsher punishments.
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I only have resepct for Justice Kan Ting Chew. Other judges could well be mowed odwn by terrorists wielding AK47s for all I care.
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I believe Took killed that girl because he refused to give witness in court.Originally posted by iveco:Maybe he was, maybe not.
But the judge who thought Took Leng How was guilty of nurder was certainly wrong. Ditto to the one who allowed the four commandoes to get away lightly with the dunking death of a trainee.
In fact, our judicial system would improve if we allowed ourselves to become the eighth member of John Howard's empire.