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A Filipino domestic helper was cleared of theft charges in a Kwun Tong court. The charges were based on the clothes and other items she was seen wearing in her Facebook posts and later found in her possession.
Sarah Bagasino, 35, testified during the trial that her employer, Nicole Chan, had given her the items over several months. However, Chan complained to the police on February 22nd, leading to the trial.
The items listed in the charge sheet included six tops, one pair of pants, one pair of trousers, one hat, one pair of sunglasses, one bra, and three dresses. The prosecution alleged that these items were stolen from Chan's house in Lohas Park, Tseung Kwan O, on various dates between December 2022 and February 2023.
Magistrate Lau Suk-han expressed doubts about Bagasino's testimony, particularly the lack of evidence proving that Chan had indeed given her the clothes found in her possession. Lau pointed out that Bagasino could have taken pictures of herself wearing the clothes in the presence of her employer. However, Lau concluded that the accusation against Bagasino had not been proven beyond a reasonable doubt. She also questioned Chan's credibility, citing inconsistencies in her statements regarding when she reported the theft to the police.
Lau acknowledged that Bagasino's defense lawyer had raised the possibility that Chan had accused Bagasino of theft as retaliation for allegedly infecting her two-year-old son with the foot and mouth disease virus, which led to a heated argument between the two. Lau questioned why Chan did not suspect Bagasino of theft until her son fell ill, despite claiming to have noticed missing items before.
After the verdict was read, Bagasino tearfully embraced her fellow residents of Bethune House, who were present in the gallery. She later retrieved the $500 bail she had paid to the court and expressed her intention to pursue a claim at the Labour Tribunal for her outstanding salary in lieu of notice. Bagasino was terminated on the same day Chan reported her to the police, and she believes she is entitled to the payment.
Bagasino also plans to seek a new employer but will first need the permission of her husband and children, who have been waiting for the case to conclude so she can return home to Biliran, Leyte.
Bagasino's advice to overseas Filipino workers (OFWs) who receive gifts from their employers, including clothes, is not to keep them among their personal belongings. Alternatively, she suggests following the magistrate's suggestion and taking a picture with the employers' approval while wearing the gifted items.
菲律宾女子被控从雇主那里偷窃，法庭宣判无罪
一名菲律宾家庭佣工在观塘法院被洗清盗窃罪名。 这些指控是基于她在 Facebook 帖子中看到的衣服和其他物品，后来发现她拥有这些衣服和其他物品。
35 岁的莎拉·巴加西诺 (Sarah Bagasino) 在审判期间作证说，她的雇主妮可·陈 (Nicole Chan) 在几个月内给了她这些物品。 然而，陈于2月22日向警方投诉，导致审判。
指控单中列出的物品包括六件上衣、一条裤子、一条长裤、一顶帽子、一副太阳镜、一件胸罩和三件连衣裙。 检方指称，这些物品于2022年12月至2023年2月期间的不同日期从陈先生位于将军澳日出康城的家中被盗。
裁判官刘淑汉对巴加西诺的证词表示怀疑，特别是缺乏证据证明陈确实将她所拥有的衣服交给了她。 刘指出，巴加西诺本可以在雇主在场的情况下拍下自己穿着这些衣服的照片。 然而，刘的结论是，对巴加西诺的指控并未得到毫无合理怀疑的证实。 她还质疑陈的可信度，理由是她在向警方报案时的陈述不一致。
刘承认巴加西诺的辩护律师曾提出陈女士指控巴加西诺盗窃的可能性，是为了报复她涉嫌将口蹄疫病毒传染给她两岁的儿子，导致两人发生激烈争吵。 刘质疑为什么陈直到儿子生病才怀疑巴加西诺偷窃，尽管她声称以前就发现过物品丢失。
宣读判决后，巴加西诺含泪拥抱了在旁听席上的白求恩之家的居民。 她其后取回了向法庭支付的500美元保释金，并表示打算向劳资审裁处追讨欠薪代通知金。 巴加西诺在陈向警方举报的同一天被解雇，她相信自己有权获得这笔付款。
巴加西诺还计划寻找新雇主，但首先需要获得丈夫和孩子的许可，他们一直在等待案件结案，以便她可以返回莱特岛比利兰的家。
巴加西诺对从雇主那里收到礼物（包括衣服）的海外菲律宾工人（OFW）的建议是，不要将这些礼物放在个人物品中。 或者，她建议听从地方法官的建议，在征得雇主同意的情况下佩戴礼物拍照。
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