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| Photo of the scalded baby posted by his father in an employers' chat group |
A Filipina domestic helper was convicted of ill-treatment or neglect of a baby boy under her care, after a two-day trial at the Shatin Court ended Monday.
Deputy Magistrate Charlotte Kong postponed the sentencing of Nora Navarro, 44 years old, to Oct. 28 to await a background report she ordered to help determine the appropriate penalty.
Navarro was accused of deliberately or not taking proper steps to prevent the scalding X, the one-year-old boy under her care, in the kitchen of the family flat in Siu Lek Yuen North, Sha Tin on March 3 this year. According to his male employer the incident shortly after he scolded the helper for not cleaning properly.
The Filipina denied the allegation, saying X was splashed with hot water when he yanked the plug of the rice cooker where she had been boiling potates, after she put had put him down to check on her cooking.
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However, the female employer who testified in court said she had clear instructions that the helper should not bring the baby to the kitchen for whatever reason, to which the defendant agreed.
But Navarro said that day was unusual as the employer who was looking after X initially, had begun chanting Buddhist prayers, and the boy started crying. As this was distracting the employer Navarro said she decided to take the boy away from her.
What happened next was in dispute. Navarro said she had gone to the kitchen quickly to turn off the cooker and as a precaution had put the baby down and given him plastic to play with.
But the employer disputed this, saying the helper must have held the baby in her arms while tending to her cooking, contrary to her repeated instructions never to take the baby into the kitchen.
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The male employer had earlier posted a photo of the scalded arm of the baby in an employers' chat group, and claimed that the helper had deliberately put his son at risk after he gave her a scolding.
He said his son was taken to Prince of Wales Hospital with second-degree burns to his torso and right arm. The boy was discharged after two days.
During questioning, the female employer conceded that she did not see exactly what had happened in the kitchen as her eyes were closed in prayer at the time. All she saw was Navarro dousing the baby with cold water after he was scalded.
Navarro was supposed to stand trial for two days, but the magistrate gave extra time for both sides to sum up their arguments before handing down her verdict.
The charge alleges that the defendant, "being a person over 16 years of age who had the custody, care, or attention of boy X, intentionally abused or neglected the boy in a manner likely to cause unnecessary injury to his health”, in violation of section 27(1) of the Offenses Against the Person Ordinance."
The crime is committed if the defendant fails to take steps to protect the victim. It is not necessary for the prosecution to prove that the defendant was the perpetrator of the "unlawful act or neglect."
The maximum penalty for the offence is 10 years in prison on indictment, and three years' jail in summary proceedings.
