Pinay DH cleared of assault

 

Joson expresses joy from acquittal 

A Filipina domestic helper accused of assault on a local she had a dispute with at a school bus stop near a Tseung Kwan O development where they lived, was acquitted today after trial at Kwun Tong Court.

Maylene Joson, 45 years old, smiled broadly to her employer and duty lawyer after Magistrate Lau Suk-han cleared her of violating Common Law, which is punishable under section 40 of the Offenses against the Person Ordinance.

The ruling capped Joson’s 10-month legal battle which began last Jan. 3 when Tseung Kwan O police filed the common assault charge against her, to which she pleaded not guilty. 

It ended with her walking free from court after recovering her $1,000 cash bail.

DETAILS HERE

Magistrate Lau noted that the testimony of the supposed victim, Tsoi Chun-lai, was in conflict with the CCTV footage of the incident, which took place on Nov. 21 last year at a school bus stop near where they both lived -- Corinthia by the Sea in Tseung Kwan O.

For example, she noted that the video did not show Joson hitting Tsoi as the latter alleged. Instead, the video showed Tsoi stepping forward first, then pointing a finger at Joson and saying, “You are just a domestic helper. You should know your position.”

The video gave credence to Joson’s testimony that she was pointing back at Tsoi, shouting at her to shut up, when the latter suddenly turned and her fingertip touched Lau’s face accidentally. Joson had testified that it was an accident, that she had no intent to hurt Tsoi and was willing to apologize.

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Magistrate Lau also noted inconsistencies in Tsoi’s testimony, such as when she claimed she arrived at the school bus stop ahead of Joson, when the video showed Joson already in line, chatting with a friend, when she arrived with her child.

She noted that Tsoi claimed her picture was taken a day later, to explain why it did not show bruises on her face. In fact, the photo was taken on the day of the incident.

“I would not rule out that PW1 tailored her testimony to convict the defendant,” Magistrate Lau concluded.

Basahin ang detalye!

The dispute began in the morning of Nov. 20, or the day before, when Joson put the schoolbag of her three-year-old ward on the stairs of the school bus so it would not drive off as her employer, who was carrying her daughter down from their flat, was running late.

Joson’s employer testified that she heard Tsoi scolding Joson for this, but advised the Filipina to just come back home with her to end the dispute. She later received text messages from Tsoi, to whom she apologized.

The next morning, when Joson brought her ward and Tsoi took her child to the school bus stop, they met again and the dispute that led to the criminal charges erupted. The employer said she was not present during the incident.