Married couple ordered to enter defence on charges of trafficking, hurting Indonesian woman

KUALA LUMPUR - A married couple was ordered by the Sessions Court here today to enter their defence on charges of trafficking and causing hurt to an Indonesian maid four years ago.

Judge Azura ordered scrap metal dealer Lim Tuan Ann, 45, and his wife, Lim Siew Lan, 44, to enter their defence finding that the prosecution had succeeded in establishing a prima facie case against them at the end of the prosecution case.

"After hearing and evaluating the testimony of the prosecution witnesses, the court is satisfied that the prosecution succeeded in proving a prima facie case against the two accused under Section 12 and Section 13 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM) 2007 respectively, as well as the charges under Section 325 and Section 326 of the Penal Code against Siew Lan.

"Therefore, the court ordered the two accused to defend themselves against the charges," said the judge.

She also told the accused that they have three options to enter their defence - either to keep quiet and not answer to the charges, give an unsworn statement from the dock without being cross-examined by the prosecution or testify under oath on the witness stand with the prosecution allowed to question them during cross-examination.

The couple opted to testify under oath from the witness stand.

Deputy Public Prosecutor Wan Ahmad Hijrah Wan Abdullah appeared for the prosecution while lawyer Asheeq Ali Sethi Alivi represented the couple.

Tuan Ann was charged with trafficking the 26-year-old maid for exploitation as forced labour, while Siew Lan was charged with committing a similar offence by using force at their house in Taman Batu, Sentul here, on Nov 24, 2020.

Tuan Ann was charged under Section 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM) 2007 which carries imprisonment for up to 15 years and is liable to a fine if found guilty, while the charge against his wife was framed under Section 13 of the same law which provides and imprisonment for up to 20 years and liable to fine, if convicted.

Siew Lan was also charged with four counts of voluntarily causing grievous hurt to the Indonesian woman, including splashing her with hot water, at the same place between Aug 1 and Nov 13, 2020.

The charges were framed under Section 325 and Section 326 of the Penal Code, which provides imprisonment for up to seven years and 20 years, respectively, and liable to fine or whipping, upon conviction. - BERNAMA