Public Prosecutor v Ong Ting Ting

• Jurisdiction: Singapore
• Judge: Kow Keng Siong
• Judgment Date: 16 April 2004
• Neutral Citation: [2004] SGDC 96
• Court: District Court (Singapore)
• Year: 2004
• Published date: 28 April 2004
• Plaintiff Counsel: Mr Royston Ng (Deputy Public Prosecutor)
• Defendant Counsel: Mr Wee Pan Lee (Wee, Tay and Lim)
• Citation: [2004] SGDC 96

16 April 2004 Judgement reserved.

District Judge Kow Keng Siong:

The charges & the appeal

1. This Judgement arises from an appeal againstconviction and sentence.

2. The Accused – Ms Ong Ting Ting – claimed trial to seven charges relating to the abuse of her Filipino maid, Ms Jean Ganzon (Jean).

3. According to the charges, the Accused was alleged to have committed the following acts on 13 July 2002 at her residence:

a. Pushed Jean thereby causing her to fall and injure her elbow, an offence punishable under section 323 read with section 73(2) of the Penal Code (DAC 26181A/2003);

b. Pushed Jean and caused her head to hit against a wall, an offence punishable under section 323 read with section 73(2) of the Penal Code (DAC 26177/2003);

c. Pushed Jean thereby causing her to fall over a pail, an offence punishable under section 323 read with section 73(2) of the Penal Code (DAC 26181B/2003);

d. Poured water on Jean and made her stand in front of a blowing fan, an offence punishable under section 352 of the Penal Code (DAC 26178/2003);

e. Placed some ice-cubes inside Jean’s bra and trousers, an offence punishable under section 352 of the Penal Code (DAC 26179/2003);

f. Kicked Jean, an offence punishable under section 323 read with section 73(2) of the Penal Code (DAC 26180/2003); and

g. Threatened Jean by saying that she (the Accused) was not afraid of killing her, an offence punishable under section 506 of the Penal Code (DAC 26181/2003).

4. At the end of the trial, I found the Accused guilty of all the charges and sentenced her to 3 months and 2 weeks’ imprisonment in total.

Background facts

5. At all material times, the Accused was a tuition teacher residing at Block 392 Tampines Ave 7, #10-235. Apart from herself, the Accused's household consisted of her husband, her infant daughter and Jean.

6. In April 2002, the Accused engaged Jean’s services as a domestic maid. Jean’s responsibilities included household chores and caring for the Accused’s daughter.

Prosecution’s evidence

Jean Ganzon

7. Prior relationship with the Accused – Jean testified that the Accused scolded her regularly during the period of her employment. In June 2002, there was even an occasion when the Accused hit Jean’s arm once and pushed her, causing her to fall (subject matter of stood down charge). Although Jean wanted to change her employer, the maid agency refused to accede to her request.[1]

8. Events preceding the assault – On 13 July 2002 at about 2 pm, when Jean was ironing clothes in the Accused’s apartment, the Accused suddenly entered the room and scolded her for leaving the window open. Jean replied that the Accused had previously allowed her to open the window when she (the Accused) was at home. This comment made the Accused angrier.[2]

9. Frightened by the Accused’s shoutings, Jean informed that she wanted to go to the maid agency to request for a new employer. Upon hearing this, the Accused told Jean to pack her belongings immediately.[3]

10. While Jean was packing her things, the Accused called for her from the main door. Upon reaching the Accused, the latter (a) pushed Jean out of the apartment and (b) told her to go the agency.[4]

11. Before proceeding to the agency, Jean detoured to an apartment in a neighbouring block of flats to bid farewell to the Accused’s sister and mother.[5]

12. At the agency, Jean spoke to two of the staff there. One of them was Michelle Chin Mee Chuen. Jean pleaded with them not to make her return to the Accused as she was afraid of her. Jean wanted a new employer. Michelle however informed Jean that a transfer was not possible as (a) her agency fees was still outstanding, and (b) she was already a transfer maid. Michelle warned Jean that if she was unable to secure a new employer after the transfer, she might be repatriated and the agent in Philippines would force her to repay the loans. Jean was advised to return to the Accused. Jean eventually agreed and returned to the Accused’s apartment at about 4 pm.[6]

13. Along the corridor outside the Accused’s apartment, Jean saw the Accused’s husband. He had returned from work and was proceeding to the lift landing with his daughter.[7]

14. DAC 26181A/2003 (shoe rack incident) – Upon seeing Jean at the door, the Accused grabbed the latter’s shirt and pulled her into the apartment. After closing the door, the Accused pushed Jean, causing her to fall backwards onto a concrete shoe rack. Jean bruised her right elbow when trying to shield her head to prevent it from being injured during the fall.[8]

15. DAC 26177/2003 (banging against the wall) – The Accused then ordered Jean to get up. Grabbing her shirt, the Accused brought Jean to common room 1 (maid’s room).[9]

16. Inside the maid’s room, the Accused pushed Jean against a wall, causing the latter’s head to hit the wall. When Jean tried to protect her head, the Accused became even unhappier and banged her against the wall three more times. As a result, Jean injured the back of her head.[10]

17. DAC 26181B (toilet incident) – After this series of assault, the Accused pulled Jean into the kitchen and pushed her just outside the toilet. This push caused Jean to trip over the threshold and fall into the toilet. During the fall, Jean hit her right jaw on some of the pails in the toilet. The Accused then drenched Jean with water scooped from a pail.[11]

18. DAC 26179/2003 (ice treatment) – Thereafter, the Accused took some ice-cubes from a refrigerator and placed them under Jean’s bra and short pants. She also put some ice-cubes in Jean’s hand and told her to eat them. Jean did not remove the ice cubes for fear of being scolded. Throughout this time, Jean was standing in the toilet.[12]

19. DAC 26178/2003 (fan treatment) – The Accused then brought a fan from common room 3 (ironing room) into the kitchen and switched it on, directing the fan at Jean. The blowing fan caused Jean to shiver.[13]

20. After sometime, the Accused told Jean to change her clothes. She however did not allow Jean to change her wet bra and panties.[14]

21. DAC 26180/2003 (kicking incident) – After Jean had changed her clothes (leaving her wet bra and panties on), the Accused brought her to the living room. She sat on a sofa and made Jean kneel before her. In that position, the Accused scolded and shouted at Jean, using words such as ‘stupid’. When Jean trembled, the Accused kicked her right thigh (just above the knee), causing her to fall. When Jean resumed her kneeling posture, the Accused kicked her again, this time on her left thigh.[15] As a result of these kicks, Jean sustained bruises ‘on the top or front side’ of her thighs.[16]

22. Throughout her ordeal, Jean did not fight off the Accused because she did not want to ‘commit any sin’.[17]

23. DAC 26181/2003 (threat) – Eventually, the Accused told Jean to stand up. Pointing a finger at Jean, the Accused said, ‘I am not scared to you. I can afford to pay you’. At that moment, Jean decided to run away. She believed that the Accused would carry out her threat and was afraid. However, Jean was unable to escape as it was late in the evening.[18]

24. Aftermath – At the end of the punishment, Jean cleaned up the apartment. The Accused’s husband later returned home with his daughter. Shortly thereafter, Jean went out with the Accused’s family for dinner at Tampines Mall.[19]

25. According to Jean, although she entertained the thought of running away while at Tampines Mall, she eventually decided against it because she was then carrying a bag with items belonging to the Accused. Jean was scared that she might be falsely accused of theft should she run away with the bag.[20]

26. On 14 July 2002, Jean ran away to the Philippines Embassy sometime in the afternoon when the Accused and her family were sleeping.[21]

27. Later that evening, Jean lodged a police report (P10) on the advice of an Embassy staff. This report was lodged in English without the assistance of an interpreter. Later in the night, Jean was referred to Alexandra Hospital for a medical examination.[22]

Michelle Chin Mee Chuen (Michelle)

28. Michelle testified that on 13 July 2002 at about 3 - 4 pm, Jean came to the agency to ask for a new employer. Jean complained that the Accused had scolded and hit her. Michelle got the impression that while the scolding was in relation to 13 July 2002, the allegation of assault referred to an earlier occasion. Michelle told Jean that she could only change her employer after the Accused had obtained a new maid. Jean accepted the explanation and left.[23]

29. After speaking to Jean, Michelle phoned the Accused to inform about Jean’s (a) request a change of employer, and (b) allegation of being hit. The Accused denied having assaulted Jean but agreed to find a new maid.[24]

30. Michelle corroborated Jean’s evidence that the latter had requested for a change of employer during the earlier counseling sessions. During these counseling sessions, Jean had also complained that the Accused pointed her finger at her and pushed her.[25]

Dr Tan Ken Leon

31. Dr Tan examined Jean on 14 July 2002 at Alexandra Hospital. During the examination, he communicated with Jean through a Tagalog-speaking nursing staff.[26]

32. Dr Tan confirmed the details in Jean’s medical report (P22). This report stated, inter alia, that the following injuries were found on Jean on 14 July 2002 –

a. A 3-cm haematoma at the occiput;

b. Bruises (about 0.5 cm) on both knees;

c. A 3-cm linear abrasion on the elbow.

33. According to Dr Tan,

a. The haematoma was consistent with Jean’s head having hit against a hard object, such as a wall.[27]

b. The bruises on Jean’s knees were consistent with being caused by kicks. They were unlikely to be caused by kneeling.[28]

Defence’s case

The Accused

34. Events culminating in visit to the agency on 13 July 2002 – The Accused testified that on 13 July 2002, while Jean was ironing clothes at about 2pm, she wanted to inform her (Jean) that the bathroom floor was dirty. Upon entering the...