Hong Kong court hears final arguments in high-profile maid abuse trial

Erwiana Sulistyaningsih, left, an Indonesian maid who was allegedly tortured by her employer in Hong Kong, was interviewed by Hong Kong police investigators at a hospital in Indonesia last year. Pic: AP.

By Meredith McBride | @MeredithJamie

Defense lawyers for Law Wan-tung, the 44-year-old who is accused of abusing three domestic workers who worked in her Hong Kong home, accused 23-year-old Erwiana Sulistyaningsih of being dishonest and exaggerating in her testimony.

Attending the trial Tuesday morning was Erwiana and fellow prosecution witness Tutik Lestari Ningsih, as well as Law and her two teenage children, both of whom testified on behalf of their mother. Law declined the opportunity to testify.

Judge Amanda Woodcock heard the final arguments from both the prosecution and defense before adjourning the trial until February 10, when she will present her findings and deliver a verdict.

Medical evidence presented earlier in the trial showed that Erwiana, from Indonesia, had suffered a hematoma on the back of her head. The medical records could not rule out the possibility that the injuries were caused by accidental falls, said the defense.

Both of Law’s children had told the court that they witnessed Erwiana hurt herself accidentally in the bathroom, though at the time they were not too concerned about her injuries.

Defense lawyer Graham Harris questioned why Erwiana didn’t complain to anyone about her treatment if she had been abused and not paid for eight months. Harris said Erwiana’s claims were exaggerated and accused her and the two other domestic workers of being “opportunistic”.

The defense also claimed that the testimonies of Tutik and Nurhasanah were not reliable because they were not supported by enough independent evidence. In total 14 prosecution witnesses and four defense witnesses were called to the stand during the trial.

In December, Erwiana testified that she was repeatedly scratched, kicked, and beaten by Law, and was given only rice and slices of bread to eat. She also recalled an incident in which the defendant shoved a metal vacuum tube into her mouth and twisted it. Erwiana said that her wounds in photographs were caused by beatings so severe that she had to wear a diaper.

Prosecution lawyer Louisa Lai recalled Erwiana’s testimony that her employer was obsessed with cleanliness and only allowed Erwiana to use the toilet twice a day, or otherwise urinate in plastic bags.

“The defendant was never satisfied with her work. The question was – why did it take seven months for her to send her away? This certainly defies common sense. The only explanation was that [she] was treated like a slave,” Lai told the court.

In addition to the 10 counts of criminal intimidation and abuse, Law is accused of an additional 10 counts for failing to pay wages and grant rest days to Erwiana. Law pleaded guilty to one count for failing to produce insurance.

Activists gathered outside the Wan Chai District Court before the final arguments to protest the treatment of domestic workers in Hong Kong, carrying placards that read “We are not slaves”.

During her stay in Hong Kong for the trial, Erwiana has been under the care of Mission for Migrant Workers, a charity providing aid to Asian workers in the city.

Another criminal trial involving a domestic worker was scheduled for Monday morning. Anis Adriyani, also from Indonesia, was hospitalized in Hong Kong early last year for a severed finger. She alleges that her employer chopped her finger to the bone while she was working in the kitchen.

The trial, however, was delayed till Thursday due to the absence of Adriyani’s medical record from the Hong Kong doctor. The judge granted the prosecution time to retrieve the evidence.

Activists, including those at Mission for Migrant Workers, say that such cases are not uncommon, but are part of a worrying trend in which foreign domestic workers have trouble accessing help when employers are abusive.

About the author:
Meredith McBride is a Hong Kong based journalist and advocate with Hong Kong Helpers Campaign.