By Vir B. Lumicao
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| Not one of the 6 CCTV clips showed the defendant laying her hand on either child (Illustration photo) |
A 41-year-old Filipina domestic helper was acquitted of
three counts of ill-treating her 4-year-old twin wards today, May 18, after a
The defendant, C. M. Villegas, could not stop her tears when Magistrate Yu Chun-pong said the court could not accept the evidence given by the twin’s mother, as the CCTV clips on which she based her claims showed no actual pinching or hitting of the children.
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After her acquittal, Villegas claimed back the $500 bail money she was required to post for her temporary liberty. She had been jobless for more than 15 months while she fought to clear her name.
Her former employer, Kathleen Leung, had accused Villegas of pinching and hitting her daughter on Oct 4, 2019 and Jan 21, 2020, and the girl’s twin brother on Feb 9, also last year. The defendant was her domestic helper for just 8 months.
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The prosecution played six video clips of the alleged assaults which purportedly showed the occasions when the defendant allegedly assaulted the children, and asked Leung to explain each footage.
In rejecting the charges, Yu said the CCTV clips could not support the charges, as none of them showed the helper actually laying her hand on either of the children.
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In the first charge, in which Leung accused the Filipina of pinching the girl in her inner left thigh, Yu said the CCTV footage showed no contact and the girl no longer recalled being pinched by the defendant.
In the second charge, Yu also cited the absence of shots of the alleged assault. Thus, he said the court found no evidence to support the allegation against the defendant.
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The third charge, in which the prosecution accused the helper of hitting the boy, the CCTV evidence similarly showed no actual grabbing of the boy’s hand by the defendant and none of the alleged hitting or pinching.
Today’s second day of trial began with the prosecution playing back the separate video recorded interviews conducted with the girl and boy, respectively, on Feb 20 last year.
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Both videos showed the female interviewer having difficulty getting the children’s attention. The video interviews ended abruptly when the two kids simply walked away.
During the video interview after the showing of the girl’s VRI, Chan asked her if the helper pinched her. She replied “yes” and “just once.”
When it was Chau’s turn to ask the girl, he skillfully got her to admit she would fight often with her brother over toys and that they would hit and scratch each other.
He also asked the girl if she remembered the helper who worked for the family and if the woman ever pinched her. The girl replied she remembered.
“She never pinched you?” Chau asked and the girl replied, “No.”
Minutes later, Chau was able to get the boy to admit that he lied when he said the defendant pinched him on the left cheek but could not say where and when it happened.
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| Villegas was cleared of any wrongdoing at Kowloon City Court |
Despite the magistrate’s earlier warning that the video clips could not support the allegations, the prosecutor vigorously fought for his case.
He said that even if there were no actual shots of the alleged assaults, the position of the helper’s hand in the video where the girl was crying and saying, “It’s very painful,” suggested where the pinching was made.
On the alleged assault on the boy, the prosecutor pointed out that in the video interview the child did say that the helper had pinched him. Chan said the video clip showing the boy shouting and attacking the helper implied he was doing so to help his twin sister.
Meanwhile, Villegas said she would now ask Immigration if she could start looking for a new employer. But first, she will have to extend her visa, which will expire on May 25.
Villegas also plans to consult with the
The helper said she still have to claim wage in lieu of notice, half a month’s arrears in wages, annual leave, air ticket and $100 travel allowance.
