Another Case of FDW Acquitted of Theft Charges; Initially Sentenced to 12 Months’ Jail

Remember the Parti Liyani case?

Many saw it as evidence that our justice system will not be bullied into submission, nor swayed by power and authority.

Parti, a foreign domestic worker, was accused by her employers, Changi Airport Group (CAG) chairman Liew Mun Leong and his family, of stealing more than $34k worth of items from them.

Even though she maintained her innocence, Parti was found guilty on four counts of theft last year.

But then she appealed, and one and half years later, her conviction was overturned and she was acquitted.

The items she “stole” turned out to be her own belongings, items she found in the trash, or things she had not even packed.

Netizens celebrated Parti’s acquittal, which was certainly an unexpected outcome given the power and influence of the Liew family.

Now, it seems that our justice system has triumphed once again.

Another Case of FDW Acquitted of Theft Charges; Initially Sentenced to 12 Months’ Jail

Over a month after Parti’s cleared of all charges, another foreign domestic worker has been acquitted of theft.

Portela Vilma Jimenez, now 50, was accused of stealing her then 89-year-old employer’s ATM cards and withdrawing a total of $8,000 from his bank accounts.

District Judge Jasvender Kaur found Jimenez guilty of 10 charges of theft and sentenced her to 12 months in prison.

Now, however, Jimenez has been exonerated of all charges.

Made Eight ATM Withdrawals

The 50-year-old had been accused of making eight unauthorised withdrawals between 13 Jan 2017 and 8 Feb 2017.

All of them had been captured on CCTV footage.

Neither the prosecutor nor the defendant disputed that the withdrawals were made.

Where they differed, however, was in Jimenez’s reasons for making those withdrawals.

The prosecution believed that Jimenez had stolen ATM cards from her employer – Yong Choon Hiong – and made a withdrawal without his knowledge.

On the other hand, Jimenez’s lawyers said the helper was allowed to make the withdrawals in exchange for sexual favours she gave to her elderly employer.

Prosecution’s Story

According to the prosecution, here’s what happened:

Jimenez worked for Yong and his wife from December 2015 until April 2017. She has been a domestic worker for 20 years, and has worked in Kuwait as well as Singapore.

Since Yong’s wife is wheelchair-bound and has dementia,  Jimenez was given access to the couple’s room so she could take care of Yong’s wife at night.

The prosecution argued that this was how Jimenez was able to steal Yong’s ATM card from his wallet, which he kept in a drawer.

They argued that the helper would know the PIN number for her employers’ ATM cards, as she frequently went grocery shopping with them and must have seen them keying in the code when they made payments.

Yong said he first found out about the unauthorised withdrawals when he received his January 2017 bank statements the following month.

He went to UOB in early Feb to ask the bank about the withdrawals, and later filed a complaint.

Yong then made a police report, so he could view the CCTV footage of the withdrawals.

Jimenez’s Defence

The defence, however, told a very different tale.

Jimenez’s lawyers argue that it was Yong who gave his ATM card to Jimenez, as well as his PIN numbers, so that she could withdraw money in exchange for sexual favours.

According to them, Yong had agreed to pay Jimenez $500 each time she allowed him to touch her breasts and crotch.

Jimenez was allegedly paid four times for this.

In addition, Yong allegedly agreed to pay Jimenez twice for sexual intercourse, though this never happened, once because he was unable to penetrate her, and because she did not agree to it the second time.

The defence also contended that after Yong’s family had found out about the unauthorised withdrawals, Yong had lied about it and only then made a police report.

Jimenez said she didn’t know how to use the ATM machine, and simply pressed a button, which would dispense $1,000 each time.

She said she would give the money to Yong, who would give her half and keep the rest for himself.

District Judge Jasvender Kaur convicted Jimenez on 10 charges of theft, as she found her testimony filled with inconsistencies.

Justice Chua to the Rescue

High Court Judge Chua Lee Ming, who heard the appeal, found that it was Yong’s evidence that was inconsistent instead.

Though he has not issued a written judgement, he has overturned Jimenez’s conviction.

Here are his four reasons for acquittal, according to MS News:

1. Yong claimed he filed a report with the bank in the first week of Feb 2017 after finding out about the withdrawals, but there was no evidence of this.
2. He took 3 weeks to file a police report against Jimenez. This led Justice Chua to believe that Yong had consented to the approvals.
3. The prosecution had failed to prove beyond reasonable doubt how the helper could have taken Yong’s cards, when he claimed they were always in his wallet.
4. The prosecution had also failed to prove how Jimenez had obtained all her employers’ PIN numbers, without Yong’s help.

Unable to Work for Three Years

It wasn’t just a gruelling trial and hurtful allegations that Jimenez had to endure.

Since she was convicted of a crime, she could not return to see her family, nor was she able to work, forgoing any income she might have received for three years. 

Fortunately, the Humanitarian Organisation for Migration Economics (HOME) provided Jimenez with shelter and support during this 3-year period.

It’s a good sign that the helper managed to get the justice she deserved, but many would argue that she shouldn’t have been placed in such a situation in the first place.