Nothing sinister with acquittal in maid murder case, says defence lawyer


Ragananthini Vethasalam

M.A.S. Ambika (in blue dress) was recently acquitted and discharged of the murder of Adelina Lisao. – The Malaysian Insight file pic, April 23, 2019.

THERE is nothing sinister with the acquittal of the 61-year-old woman from the charge of murdering her Indonesian maid, the accused’s lawyer said.

Anbananthan Yathiraju told The Malaysian Insight that M.A.S. Ambika was acquitted and discharged in accordance with the law.

Ambika was arrested and charged with murder. She was, however, acquitted and discharged recently after the prosecution decided not to pursue the case.

This, however, sparked an outcry with women’s group Tenaganita and the Indonesian authorities demanding an explanation from the Attorney-General’s Chambers.

Tenaganita also started an online petition on change.org demanding justice for the Indonesian domestic worker, 28-year-old Adelina Lisao.

Anbananthan told The Malaysian Insight that three witnesses – a forensic expert, the complainant who lodged a police report, and the journalist who was alerted by the accused’s neighbour – were summoned to testify.

“Before the trial commenced, the defence counsel made a representation to the deputy public prosecutor’s (DPP) office to reconsider the charge after viewing the documents received from the prosecution.

“In the hospital case note, it was mentioned that prior to her death, the maid had informed medical staff she was not abused by the accused and she came into contact with the chemical while cleaning the toilet,” he said.

The lawyer also said the post-mortem report indicated that Adelina died of multiple organ failure. 

Anbananthan said once the trial commenced, the first witness – who is the forensic expert – said he could not find any traces of chemical or acid on Adelina while the testimonies of the second and third prosecution witnesses “were merely hearsay”.

“When the matter was called up for continued hearing on April 18 in the Penang High Court, the DPP informed the judge that the prosecution did not wish to proceed further and requested that the accused be given a Discharge Not Amounting To Acquittal (DNAA) under Section 254 of the Criminal Procedure Code.

“Defence counsel objected to the DNAA and suggested if prosecution did not wish to proceed further then the accused ought to be acquitted in view of her age and poor health,” he said.

Anbananthan added that after hearing the submission by both parties, the judge exercised his discretion under Section 254(3) of the Criminal Procedure Code and acquitted and discharged the accused.

Adelina was found with severe injuries, believed to have been abused at a house in Taman Kota Permai, Bukit Mertajam, Penang on February 10, 2018.

On February 11, Adelina died while receiving treatment at Bukit Mertajam Hospital. 

It was reported that she had suffered severe injuries to the head and face, and had infected wounds on the hands and legs and had been forced to sleep with her employers’ dog on the porch outside the house for two months.

Ambika’s daughter, R. Jayavartiny, 32, claimed trial to allegedly employing Adelina with the knowledge that the Indonesian had no legal work permit. – April 23, 2019.


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Comments


  • 1.Did they find the corrosive chemical which caused multiple organ failure?
    2. Did the forensic conclude the exact cause of death? How did she get multiple organ failure?
    3. Were there physical injuries on the body, face, etc? If so, was there forensic investigation to its cause?
    These are basic questions from a layman that needs answers. Why was this fact not communicated to all interested parties?

    Posted 7 years ago by Kampung Boy · Reply