A Filipina domestic worker walked free on Oct 7 despite being convicted of ill-treating her six-year-old ward by hitting him on the forehead with a cellphone.
The reason: she had already been in jail three times longer than her sentence.
Nelia S. Asuncion, a single mother, was ordered immediately released by Eastern Court Magistrate Jason Wan after handing her a prison sentence of 14 days.
Just minutes earlier, the Filipina pleaded to a charge of “ill-treatment by those in charge of a child or young person”, or child abuse.
“After hearing all the circumstances of the case – and I can see that the defendant is remorseful – I sentence her to 14 days in jail,” Wan said.
“You’ll be released immediately,” the magistrate told Asuncion, who was crying unabashedly. He ordered the prosecution to return her mobile phone, which was used as an exhibit.
Asuncion’s female employer called the police on the evening of Aug 23 after she came home and saw a patch of redness on the boy’s forehead and learned from the child that the helper had hit him with the phone.
The maid admitted to the police she hit the boy lightly on the forehead in a fit of anger when he refused to do his homework despite being told the sixth time.
The magistrate asked why Asuncion had remained in jail when the incident happened on Aug 23. The prosecution explained it was because Asuncion did not have money for bail.
In mitigation, the defense lawyer said Asuncion’s 17-year-old daughter dropped out of college and her mother fell ill and was hospitalized after learning of the helper’s plight.
He said the Filipina loved his ward so much because she had taken care of the child since he was one year and 3 months old and was remorseful for hitting him.
The lawyer said that, in fact, Asuncion wanted to go back to her employer after serving her sentence, if she would be allowed to do so.
Outside the courthouse, Hermogenes Cayabyab Jr., of the Consulate’s assistance to nationals section, told The SUN that Asuncion’s employer cried when she learned that the maid’s mother suffered a breakdown and her daughter had stopped going to school.
“Please ask her what I can do to help,” the employer reportedly told Cayabyab.
The employer was said to be keen to rehire the maid but that would depend on whether the Immigration Department would allow her to remain in Hong Kong.
