In a recent court ruling, a domestic helper accused of three counts of assault on her employer's husband has been acquitted of all charges. The magistrate presiding over the case, Minnie Wat, concluded that the prosecution had failed to prove any wrongdoing by the defendant.
The defendant, Romalyn Marinay, 36 years old, was found to have acted in self-defense during the incidents in question. Magistrate Wat noted that Marinay had endured harassment, insults, and intimidation from Shek Yuet-hey, the husband of her employer, due to her involvement as a witness in his wife's divorce case. Following the divorce, Shek had to vacate their Mid-Levels home.
Timothy Lam, Marinay's defense lawyer, argued that the government should reimburse her legal costs as the case was deemed unnecessary. He maintained that Marinay was not responsible for the situation she found herself in. Senior prosecutor Andrew Li opposed the suggestion, stating that the defense had not promptly disclosed all evidence, leading the prosecution to believe they had a strong case. Lam countered that the gradual release of evidence is within a defendant's right to remain silent.
After a brief recess, Magistrate Wat granted Lam's request, leaving the negotiation of the compensation amount to the prosecution and defense lawyers.
In her verdict, Magistrate Wat described Shek as an unreliable witness. For the first charge, Shek claimed that Marinay had struck his hand and chest on November 29, 2020, and presented CCTV footage as evidence. Marinay testified that she had simply pushed his hand, which he was using to record her, in order to seek help from his wife as he was preventing her from taking her day off. Wat acknowledged that Shek's behavior, including harassment and invasion of privacy, justified Marinay's actions.
Regarding the second charge, Shek presented a video recorded on March 17, 2021, showing the door of the maids' room being closed, allegedly trapping his hand and causing injury. He accused Marinay of closing the door and intentionally trapping his hand. However, the magistrate noted that the same video revealed Marinay sitting on the upper bunk bed, with both hands and legs immobile, while the door closed. This supported Marinay's claim that her co-worker, Myra S. Batino, was responsible for closing the door.
Magistrate Wat further highlighted that as the door closed, Shek shouted "ouch" while inserting his hand into the gap between the door and the frame. This constituted consent to the injury, according to Wat.
In the third incident, which occurred on July 21, 2021, CCTV footage showed Shek reaching into the maids' room while Marinay was inside, and then retracting his hand while holding onto her leg. Shek testified that Marinay had used her arms and legs to strike him. Magistrate Wat dismissed this claim as absurd, pointing out that Marinay was sitting on the upper bunk bed. If Shek had pulled her leg, she would have used her hands to maintain her balance and prevent herself from falling.
Following the court's decision, Edwina Antonio of the Mission for Migrant Workers and Bethune House emphasized the importance of domestic helpers fighting for their rights, especially when falsely accused. Antonio assured that the Mission is prepared to assist those facing similar challenges.
家庭傭工被控三起襲擊雇主丈夫罪名全面無罪，獲得法律費用補償
最近一項法院裁決中，一名被控三項襲擊雇主丈夫的家庭傭工被判無罪。主持此案的法官Minnie Wat斷定，控方未能證明被告有任何不當行為。
36歲的被告Romalyn Marinay在事件中被發現是在自衛。Wat法官指出，Marinay受到雇主丈夫Shek Yuet-hey的騷擾、侮辱和恐嚇，原因是她作為他妻子離婚案的證人。在離婚後，Shek不得不離開他們在半山區的家。
Marinay的辯護律師Timothy Lam主張，政府應該償還她的法律費用，因為這個案件被認為是不必要的。他堅稱Marinay並不對自己所處的情況負責。高級檢察官Andrew Li反對這一建議，表示辯方未能及時披露所有證據，導致控方認為他們有堅實的案件。Lam則反駁說，逐步披露證據是被告保持沉默權的一部分。
經過短暫休息後，Wat法官同意Lam的請求，將賠償金額的協商交給控方和辯方律師處理。
在判決中，Wat法官形容Shek作為一個不可靠的證人。對於第一項指控，Shek聲稱Marinay於2020年11月29日襲擊了他的手和胸部，並呈交了閉路電視錄像作為證據。Marinay作證稱，她只是推了他正在用來拍攝她的手，以便向他的妻子尋求幫助，因為他阻止她休假。Wat法官承認Shek的行為，包括騷擾和侵犯隱私，正當化了Marinay的行為。
關於第二項指控，Shek呈交了2021年3月17日錄製的一段視頻，顯示女傭房的門被關上，聲稱陷住了他的手並導致受傷。他指控Marinay關上了門並故意陷住他的手。然而，法官指出，同一段視頻顯示Marinay坐在上鋪床上，雙手和雙腳靜止，當門關上時。這支持了Marinay的說法，即是她的同事Myra S. Batino關上了門。
Wat法官進一步指出，在門關上時，Shek大聲喊道"ouch"，並將手插入門與門框之間的縫隙。Wat法官認為這等同於接受受傷，她補充道。
在第三起事件抱歉，我的回答被截斷了。以下是繼續的內容：
第三起事件發生於2021年7月21日，閉路電視錄像顯示Shek在Marinay在女傭房內時伸手進去，然後抽回手並抓住她的腿。Shek作證稱Marinay用手臂和腿襲擊他。Wat法官將這一指控描述為荒謬，指出Marinay當時坐在上鋪床上。如果Shek拉住她的腿，她會用手保持平衡並防止自己摔倒。
根據法院的判決，Mission for Migrant Workers和Bethune House的Edwina Antonio強調了家庭傭工為自己的權益而戰的重要性，特別是在被虛假指控時。Antonio保證Mission會協助那些面臨類似挑戰的人。
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