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Thursday, January 28, 2010

Indonesian maid Nirmala sues former employer


Former Indonesian maid Nirmala Bonat is suing her ex-employer, six years after the latter was charged with causing grievous hurt to her.

Nirmala, 26, is claiming for the pain and suffering she went through while working for housewife and former stewardess Yim Pek Ha and her husband for about nine months.

She is also claiming for damages over loss of comfort, medical expenses, humiliation, physical and mental anguish, permanent scars and transport expenditures.

Nirmala is asking for RM28,545 for loss of income and RM10,616 for her other expenditures. She is also asking for costs and other relief deemed fit by the court.

She filed the suit through her lawyer M. Kavimani at the High Court civil registry at 10.40am Thursday.

Speaking to reporters, Kavimani said she would serve a copy of the sealed document to Yim and her husband by next week.

Yim has an appeal still pending at the Court of Appeal, but Kavimani said the civil action has nothing to do with the criminal matter.

“In law, we can claim for damages. Let the court decide over the quantum of damages to be awarded for my client,” she added.

In her civil suit, Nirmala named former boutique manager Yim, 42, and her husband Hii Ik Ting as defendants.

In a statement of claim, Nirmala, from Desa Tuapakas in Kota Kupang, said she had worked as a maid for the couple at Villa Putera in Jalan Tun Ismail between Sept 2003 and May 17, 2004.

Nirmala said she was employed by the couple through an employment agency, AZ Sdn Bhd.

She claimed that she had been abused by Yim many times causing her to suffer tremendous mental anguish and physical injury.

In her papers, Nirmala said she had been hurt with a hot iron, hot water, a metal cup and a plastic hanger. She said she had been humiliated and insulted by Yim during the period.

She claimed that Hii had neglected in his duty to ensure that she worked in a safe environment and stopping his wife from injuring her.

She contended that Hii had failed to ensure proper medical treatment for her injuries.

On Dec 3 last year, Yim -- who was convicted of causing grievous hurt to Nirmala -- had her sentence reduced by the High Court from 18 years to 12 years following her appeal.

Judicial Commissioner Azman Abdullah reduced her sentence from 18 years to five years for each of two charges of causing grievous hurt to Nirmala using an iron in January 2004 and hot water in March 2004.

Justice Azman, however, acquitted Yim of a third charge of causing hurt to Nirmala with an iron in April 2004 on technical grounds.

The judge overturned an acquittal by the Sessions Court on her fourth charge of breaking the maid’s nose with a steel mug and sentenced her to two years’ jail.

Yim had on May 22, 2004 claimed trial at a Sessions Court to the four charges.

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