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Pinoy technician convicted of indecent assault on Filcom leader

19 April 2018


By Vir B. Lumicao
Case was heard at Eastern Court 

A technician was convicted in Eastern Court on Apr 18 of two counts of indecent assault on a fellow Filipino, a female domestic worker known to many as an active leader in the community.

Jesnar Bade, a 55-year-old Hong Kong resident, was ordered held in custody until May 2 pending a community service report. 

The defense lawyer had requested the report as part of a bid to help Bade escape a prison term, but Magistrate Cheung Kit-yee said a jail sentence was still an option.

When contacted by The SUN, the victim identified in court only as Miss X, said she was moved to tears by the outcome of the case. She was not in court for the verdict.

But earlier, Miss X, a mother of three, gave evidence as the prosecution’s primary witness, while her employer’s elderly mother-in-law was the second witness.

Miss X told the court how Bade had embraced her from behind twice and tried to hold her breasts as she asked him to teach her how to bypass the alarm system in her employer’s house in Mid-Levels in July last year.

She said she covered her breasts with her arms, then elbowed him with her right arm, while saying, “Kuya, huwag ganyan! (Big brother, back off!).”

“OK, but I’ll have to kiss you then,” the defendant allegedly replied before eventually stepping away.

To make matters worse, the defendant sent her a WhatsApp message about half an hour later saying he had an erection because of her.

In her testimony, the elderly woman said she called the manager of the security service company, G4S, and asked him to come to her house after Miss X showed her the text message. When the manager saw the message, he helped the elderly woman call the police.

The defense did not call any witness.

In a written verdict that she read out in court, the magistrate said she found the complainant credible because her evidence was straightforward and clear.

The magistrate rejected the defendant’s claim that he had only tapped Miss X on the shoulder and did not embrace her. The magistrate said it was clear from Miss X’s evidence that she did not know the defendant, and had talked to him only for the first time when the technician went to her employer’s house,

“I consider it unacceptable and unreasonable for a male stranger to embrace a woman from behind and to do it twice,” the magistrate said, as she declared the defendant guilty on both charges.

Bade’s wife, who was in court, wiped off tears on hearing that her husband had been convicted.

The defense lawyer said in mitigation that Bade was a first offender, had a clear record, a good family. His wife is said to be a bank executive, his elder daughter is working, and his younger daughter and his son are studying.

He said Bade had worked for the security company for 24 years and had a good work record.

The lawyer vigorously argued for community service to give his client an opportunity to show his remorse.

 

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