Filipina DH acquitted of hurting her twin wards

By Vir B. Lumicao

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 Kowloon City magistrate rejected the evidence presented by the prosecution.

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.

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 Mission for Migrants’ regarding the claim she filed against her employer at the Labour Tribunal. She said that the last time they faced each other there, Leung gave her only $1,000.

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. 

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Indian man in variant cluster released on $30k cash bail & $10k surety

By The SUN 

Rizvi was released from custody by the court after posting $30k cash bail and $10k surety

The Indian man identified as the index patient in a cluster of coronavirus variants that spread locally last month was allowed to post bail of $30,000 cash and $10,000 in personal surety when he returned to Kowloon City court today, May 18.

Syed Mohamed Rizvi, 30, is charged along with his Filipina girlfriend Victoria Marie A. Guadiz, 31, of providing false information to medical personnel on Apr 16, after they were found to carry the South African variant.

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Their failure to disclose crucial information about their whereabouts during the infection period is said to have caused eight other people to catch the highly infectious strain of the coronavirus.

Despite pleading with the magistrate repeatedly, Rizvi was denied bail in his first court appearance, after the prosecution cited his lack of local ties, making the risk of absconding high.

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The prosecutor also told the court that the defendant would be charged later with a more serious offence of giving false information to immigration officers.

Rizvi was said to hold a Hong Kong identity document, but is not a permant resident. He works as an engineer in Dubai.

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Guadiz, who works as a nurse in a private clinic in Central, was allowed to post a $2,000 bail when she appeared in court on May 14.

After hearing submissions today, the magistrate finally allowed Rizvi to post bail until his next court appearance on May 31. Guadiz is set to appear in court again on the same day.

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Until then, Rizvi was made to surrender his travel document, live at his reported address and report to the police three times a week.

The prosecutor told the court that Rizvi arrived from Dubai on Mar 19 and finished his hotel quarantine on Apr 8. He then went to live with Guadiz in a flat in Parkes Building on Jordan Road.

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On Apr 16, after he was found to carry the coronavirus variant, he told a nurse at the hospital where he was taken that he just went around Jordan and Tsim Sha Tsui, as well as Cheung Chau.

But on Apr 28, after a Filipina domestic worker in Tung Chung was found to carry a variant identical to his, Rizvi admitted he and Guadiz visited Citygate mall on Apr 11 and dined in a restaurant elsewhere in Tung Chung. They also went for a meal in Discovery Bay.

 

Guadiz was released on $2k bail earlier 

Later it emerged that the pair had also been to several places, said the prosecutor. These included a visit to Tong Fuk village on Apr 10, after which they spent the night at Novotel hotel in Tung Chung.

“Further, they visited D2’s (Guadiz) family on Apr 13 for a gathering,” said the prosecutor.

The prosecutor said that they were considering filing additional charges of giving false information to immigration officers “on each defendant," and blamed the two for the evacuation of thousands of residents from various buildings.

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PAL asks for increase in arrivals quota to fly home stranded passengers in HK

By Vir B. Lumicao

PAL says it will start regular weekly flights out of HK from tomorrow, May 19

Philippine Airlines said it is asking the Civil Aeronautics Board to increase arrival levels at Ninoy Aquino International Airport so it could fly home all its passengers stranded in Hong Kong.

PAL’s corporate communications chief Ma. Cielo Villaluna, also told The SUN on Monday, May 17, that they would work on getting the hundreds of Filipino workers holding the airline’s canceled tickets booked in their future flights as soon as possible.

The Consulate's assistance to nationals section has managed to get approval earlier from the government's Inter-Agency Task Force through the Department of Foreign Affairs, to fly home more than 300 stranded passengers via two PAL flights last month.

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ATN chief Consul Paulo Saret said they again tried to get an additional quota for two PAL flights this month, but no such permission was given for the one leaving on Wednesday, May 19, so only those who had booked seats directly with the airline would be able to leave on this day.

"We were not given authority for the additional 200 seats on that flight, as the quarantine centers in Manila are still congested due to the new quarantine protocol (10 days instead of 7) imposed by Philippine authorities," said Saret.

"However, I was informed by PAL that they will still fly home to Manila those originally booked for that flight."

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Villaluna also said that starting from Wednesday, May 19, PAL will fly from Hong Kong once a week. In previous months, the national flag carrier operated only two flights per month to Hong Kong.

The weekly flight will be scheduled every Wednesday, and will leave Hong Kong at 11:25 a.m. All inbound flights will only carry cargo, while Hong Kong’s flight ban on the Philippines which was enforced on Apr 20, remains in effect.

The SUN wrote to PAL’s head office in Manila last Friday to call the airline’s attention to the more than 400 Filipino workers who have been marooned in Hong Kong for several months now due to the carrier’s repeated cancellations of their bookings.

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The workers, who have run out of money paying rent on rooms, visa extension, food and other daily needs while having no income due to legal restrictions, have been desperately calling on the Consulate and other government agencies to bring them home.

Some stranded passengers decided to book with other airlines so they could leave

They said they have been skipping meals and rely only on dole-outs from support groups and individuals to survive. A few lucky ones managed to fly home after their kindly employers or other donors booked them on other airlines.

Villaluna admitted the backlog dates back to early 2021 due to the flight cancellations.

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“Even as far back as last year, the passenger arrival cap [was low,] but not as low as current levels,” the PAL official said. 

“Our Legal Department has reached out to the Civil Aeronautics Board to increase the arrival levels. We are one with everyone’s aspiration to increase the number of allowable passengers so our kababayans can come home,” she said. 

Villaluna said CAB is the agency designated to implement and enforce the Manila arrival limits, along with the Manila International Airport Authority. However, the limits are set by the IATF which gives overall directions on the government’s pandemic response.

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In an earlier message, Villaluna said there were several reasons why there are many stranded PAL Manila-bound passengers in Hong Kong.

First, she cited the Hong Kong government’s ban on all flights from the Philippines which took effect on Apr 20. 

Secondly, she said there is only one PAL flight between Manila and Hong Kong per week, compared with pre-pandemic levels when the national flag carrier flew 28 flights weekly. 

“This is due to the Philippines’ government-imposed passenger arrival cap set at 2,000 passengers per day into Manila for all routes and all airlines combined, i.e., the 2,000 passenger limit is shared among different airlines including PAL,” Villaluna said. 

Cielo Villaluna says PAL must comply with government  restrictions 

She explained that PAL has to spread a limited passenger quota among its entire network of nearly 50 weekly flights from 23 cities in Asia, the Middle East, the United States, Canada and Guam.

“Thus, (unlike other airlines that do not have multiple routes and flights to Manila) PAL was forced to cancel hundreds of flights from different routes,” Villaluna said.  

“We have been appealing for the authorities to increase PAL’s Manila arrival allocation because there are thousands of affected passengers, not just in Hong Kong, but all over the world.

“Philippine Airlines has the aircraft and the crews ready to operate more flights and fly more passengers home to the Philippines. However, we have to comply with government restrictions intended to curb the pandemic,” the executive said.

Passengers whose flights had been cancelled due to the government restrictions have the option to rebook or refund their tickets or convert their tickets into a travel voucher, Villaluna said. 

However, travel agents in Hong Kong say they have been told by PAL officials that passengers have to wait at least a year to get a refund of their cancelled tickets.

One agent even said the least PAL could do is to give a replacement booking for a passenger whose flight was canceled instead of leaving their customers to their own devices, and charging them for a rebooking each time.

Unable to get an immediate refund for their canceled PAL ticket, many passengers get stuck, as they no longer have any money left to buy a new ticket with another airline.

Some of the stranded passengers also ask why airlines such as Cebu Pacific and Cathay Pacific Airways have rarely canceled flights to and from Manila, even if there are only a few people on board when they fly.

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Spliced video used to accuse Filipina DH of child assault

By Vir B. Lumicao 

The trial of the case at Kowloon City court will last until tomorrow

A series of video clips were shown in Kowloon City Court today, May 17, to support allegations of child abuse against a Filipina domestic helper.

However, not a single part of the spliced footage showed the defendant, C. Villegas, in the act of hurting the alleged victim, who was four years old at the time.

This led Magistrate Yu Chun-pong to remark at the end of the day that the prosecution could not rely on the edited CCTV clips and the testimony by the girl’s mother who was called as the first witness in the case.

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Yu also expressed concern about the reliability of the video recorded interviews with the alleged victim and her twin brother who are now both five years old, and the evidence they are expected to give tomorrow

The magistrate said what the children would say in court may be different from what they had said a year ago, and that would not be good for the prosecution's case. He said children at age 4 do tell stories.

Villegas pleaded not guilty to three counts of ill-treating her young ward at the start of the two-day trial.

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The children’s mother, Mrs Leung, has accused the helper of pinching and hitting her daughter  on three occasions on Oct 4, 2019, on Jan 21, 2020 and again on Feb 9, also last year. She called police on the third occasion and the Filipina was arrested.

The alleged assaults reportedly caused a bruise on the girl’s left inner thigh, a red mark on her left cheek, and red mark on her lower left cheek with a small injury near her mouth.

Leung provided the prosecution six CCTV clips totaling about 18 minutes that showed only edited segments of the scenes inside the employer’s living room during the dates of the alleged assaults.

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During her testimony, the prosecutor played back the video and asked Leung to interpret them.

However, the clips did not show the defendant pinching or assaulting the girl, who was crying aloud. Leung would refer to points in the clips where the girl was bawling as the upset defendant tried to spoon-feed her.

“I suspect the defendant pinched her, look at her lowered hand,” Leung said each time the girl cried loudly.

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During cross-examination, defense lawyer Phil Chau played back one particular scene where the frustrated helper grabbed the girl’s iPad because she didn’t want to eat and the girl cried aloud.

Chau also played back a scene where the Filipina was shouting “Don’t hit me, I will tell your dad,” as the girl’s twin punched her a few times. The video also showed the boy climbing on the helper’s back.

The lawyer also got the mother to admit that the twins would often fight over toys and that both kids would cause scratches and red marks on each other. But the woman said the injuries were only light, unlike what the helper had allegedly inflicted.

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After Leung finished her testimony, Chau asked the magistrate to allow him to have a copy of the complete CCTV footages from which the witness had extracted the scenes that she provided the police.

Leung told the court the original videos were already gone, but Chau told the magistrate the witness had with her in court a USB containing a copy of each of the original CCTV footages.  

Leung was called back to the witness stand after lunch but she denied having copies of the footages.

The trial continues tomorrow. 

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Singapore among 7 countries downgraded to 'high risk'

By The SUN

Stricter boarding & quarantine rules are enforced for travelers from 'high-risk' places

Hong Kong has announced that seven countries currently experiencing an upsurge in Covid-19 infections will be relegated to the category B “high risk” status: Argentina, Italy, Japan, Kenya, Malaysia, the Netherlands and Singapore.

A statement issued by the government said the move was taken because of the persistent unstable epidemic situation in these places, and the widespread transmission of cases involving “the more transmissible and potentially more serious mutant virus strains.”

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Among those included in this category currently are the United States, Canada, France, Belgium, Germany, Switzerland, Turkey, Russia, Romania, Kazakshtan, Egypt, Ethiopia, Ecuador, Bangladesh, Indonesia and the United Arab Emirates.

Designated as “very high-risk” (A2) are the United Kingdom, South Africa and Ireland, while classified as “extremely high-risk (A1)” and therefore subject to a flight ban are the Philippines, India, Pakistan and Nepal.

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The downgrade to “high risk” means everyone coming from these countries must be returning residents, who will be subjected to more stringent boarding and quarantine restrictions.

Everyone who has stayed in the designated places on the day of boarding or 14 days  before, will have to present a negative test result for a nucleic acid test for Covid-19 taken within 72 hours before boarding.

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In addition, those who aren’t fully vaccinated should present a confirmed booking for a 21-day quarantine at a designated hotel.

If the traveler has taken two doses of a Covid-19 vaccine at least 14 days before the travel date, the quarantine is cut to 14 days, but a confirmed hotel booking must also be presented.

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On arrival at the airport, each traveler will be tested again, and won’t be allowed to move to their quarantine hotel until their test shows a negative result.  

Previously, the places identified were on medium to low-risk status, meaning travelers from there need not present a negative Covid-10 test result prior to boarding. 

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For low-risk countries where Singapore used to belong, even non-residents were allowed to enter Hong Kong, and the quarantine period could be reduced to seven days for vaccinated travelers. The only countries left in this category now are Australia and New Zealand.

Details on the grouping of specified places and their respective boarding and compulsory quarantine requirements can be found at www.coronavirus.gov.hk/eng/high-risk-places.html. 

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Travel bubble with Singapore goes pfft as HK records single infection

By The SUN  

Under the suspended deal, visitors from either place could have enjoyed quarantine-free travel 

The planned air travel bubble between Hong Kong and Singapore, which is due to take off on May 26, has been postponed yet again, this time because of the spike in coronavirus cases in the city state.

Singapore yesterday reported 38 local Covid-19 cases, the highest daily tally in more than a year. Eighteen of these were from an unknown source.

In addition, there were 11 imported cases, five of them returning citizens or permanent residents.

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In Hong Kong, on the other hand, only one Covid-19 case was recorded today, involving a 25-year-old woman who just arrived from Indonesia.

A statement released by Hong Kong said  “the two governments will continue to closely monitor the epidemic situation in both places, including the effectiveness of the enhanced anti-epidemic measures introduced by the Singapore Government, which have taken effect from yesterday (May 16) and would last till June 13.”

The statement stressed that both sides remain strongly committed to pushing through with the air travel bubble.

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Travelers who have already made bookings on designated flights to and from the two destinations are advised to adjust their itineraries in the wake of the new development.

The original bubble deal between the two places was suspended on Nov 22 last year, as Hong Kong experienced the start of a fourth wave of infections.

This time, Singapore is the one that’s going through a sharp rise in unlinked infections, with 42 such cases being reported over the past week, including today's 11.

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Under the plan, travelers could travel without quarantine between both places, subject only to such restrictions as presenting a negative test result for a Covid-19 test taken within 72 hours before boarding.

On Hong Kong’s end, travelers are also required to have had two doses of a coronavirus vaccine, while Singapore did not impose such a restriction.

HK travelers must be fully vaccinated to qualify for the travel bubble with Singapore

The deal would be suspended for two weeks if the seven-day moving average of unlinked cases on either side exceeds five.

 

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Singapore’s weekly average of untraceable cases rose to six today, while Hong Kong’s is at 0.14.

Earlier, Hong Kong tightened quarantine and testing requirements for everyone arriving from Taiwan, which has reported a record-busting 333 new infections Monday, prompting the closure of all schools below university level in Taipei and New Taipei.

Yesterday, 206 new local cases were reported.

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Hong Kong has said that starting today, everyone flying in from Taiwan or had stayed in the place 14 days before boarding must submit a negative result for a nucleic acid test taken within 72 hours before boarding.

All fully vaccinated travelers must also present a confirmed booking for a 14-day hotel quarantine. If unvaccinated, travelers should have a confirmed booking for a 21-day hotel quarantine.

Taiwan was one of a few places Hong Kong had previously listed as a low-risk place, which would have meant the quarantine period being reduced to seven days if the traveler from there had been fully vaccinated.

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Filipina in ICU after jab talks to kin, but condition still listed as ‘serious’

By Daisy CL Mandap 

Gemalyn is reported to have spoken to family members in HK and the Phl via video call

The 31-year-old Filipina who was taken to the hospital on Thursday, May 13, after collapsing and suffering convulsions following her second dose of a Covid-19 vaccine is now fully conscious and has managed to speak to her family members.

The news was relayed by Welfare Officer Virsie Tamayao, who has kept in touch with the relatives of Gemalyn L. Gabon, who remains in Princess Margaret Hospital where she was treated for convulsions which left her in a semi-conscious state initially.

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On inquiry, the Hospital Authority said today, May 17, that Gabon’s condition has been downgraded from “critical” to “serious,” meaning she no longer needs urgent medical care, but is still closely watched.

However, one of her cousins reported to Tamayao that the patient was already taken off life support.

“Gusto ko lang ipaalam sa inyo about kay Gemalyn. Gising (na) po siya. Buhay at malakas,” said the ecstatic cousin, who visited the patient Saturday night. (I just want to inform you about Gemaly’s condition. She’s awake. Alive and strong).

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“Nakakahinga na siya ng sarili niya (ng) walang life support,” added the cousin. (She can already breathe on her own and without life support).

One of the patient’s sisters also texted from the Philippines that their family had managed to talk to Gabon via video call.

“Nagulat po kami (nang) tumawag siya. Pero masaya kami…at gumaling na siya,” said the sister. (We were surprised when she called. But we’re happy that she’s already well).

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Pictures of Gabon collapsing within minutes of her taking her second dose of the BioNTech vaccine at the Lai Chi Kok centre late on Thursday night went viral, especially after one of those who took the shots falsely reported that she had passed away shortly after being taken to hospital.

Gabon being taken away from the vaccination centre after collapsing

The HA later issued a statement saying Gabon was in critical condition at Princess Margaret where she was taken after suffering convulsions. Two others had the same symptoms post-vaccination on the same day but were discharged on the same day.

Tamayao who managed to visit the worker along with her employers on Thursday night, said the attending doctor did a CT scan that showed the patient had no brain injury. But she continued having seizures so she was given medicines that made her drowsy and put her "in a deep sleep."

But she was not comatose, Tamayao stressed.

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A background check on the patient’s medical condition showed she was treated for hypertension at Queen Elizabeth Hospital last year, and had convulsions that appeared to be epileptic seizures twice when she was very young.

But when asked if she thought the vaccination had caused Gabon’s convulsions and collapse, the doctor reportedly said she did not think there was a connection.

Gabon, a single mother of two and native of Gloria, Oriental Mindoro, had worked in Dubai, United Arab Emirates previously, but did not seem to suffer any medical problems. 

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She arrived in Hong Kong in January 2020, and moved to a new employer after a year.

Her current employer reportedly told Tamayao that the helper was very active and hardworking.

“Parang wala naman daw sakit,” (She didn't seem to be sick at all) Tamayao recalled the employer as saying. 

However, the employer told the doctor that after Gabon had her first dose of the vaccine, she vomited and complained of a headache that lasted for around two hours. However, she did not seek medical attention.

The latest bulletin posted by the government on its vaccination program showed 11 people were taken to hospital on Sunday for various post-jab symptoms, ranging from a rash to lip and tongue numbness and vasovagal attack, or a rapid drop in heart rate and blood pressure.

At least three suffered from hypertension.

However, all were discharged after medical consultation or treatment, or “discharged against medical advice.”

So far, about 787,200 people have received two doses of any of the two Covid vaccines given in Hong Kong, representing 12.1 percent of about 6,500 residents qualified to take the shots.

But about 1,167,900 others have taken their first dose of the vaccine from either Sinovac (505,400) or BioNTech (662,500).

If all those who had taken their first dose proceed to complete their vaccination, that would push up Hong Kong’s inoculation rate to about 30% of the total qualified residents.

However, a vaccination rate of 70% is needed to give the city the herd immunity it needs to get back on its feet.

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