Business Law:
Article 2

URL: http://www.themalaymailonline.com/malaysia/article/court-puts-couple-on-death-row-for-starving-cambodian-maid-to-death

 

Article: Court Puts Couple On Death Row For Starving Cambodian Maid To Death

 

Author: Ida Lim

 

Date: 30/10/2015

 

Source: The Malay Mail

 

Brief Summary:

 

Back in May 2013, Soh Chew Tong, 46, and his wife Chin Chui Ling, 43, were found guilty of manslaughter of their Cambodian domestic helper by the Penang High Court and was sentenced to 24 years in jail. However, on the 30th October 2015, the Court of Appeal overturned the earlier manslaughter conviction through a unanimous decision and instead found the couple guilty of murder. The couple was sentenced to death instead of the lesser charge of manslaughter.

 

In April 2012, the police found the body of Ms. Mey Sinchan, 24, in the couple’s residence in Bukit Mertajam, Penang. The body of Mey was found badly bruised and grossly underweight, weighing just 26.1kg. A post-mortem showed that she had 29 both old and new injuries, including lacerations and bruises all over her body.

 

Topic: Introduction To Law (Fundamental Liberties)

 

Opinion:

 

Based on what we have learned, this case would be classified under public law. The couple was found guilty of depriving Mey’s basic and fundamental human rights of an individual under Article 5 and 6 of the Federal Constitution.

 

Firstly, the couple has violated Mey’s fundamental right to life and liberty. The couple has imprisoned Mey since July 2011 by not allowing her to leave their premises. The couple also did not provide Mey with sufficient basic needs such as food and water, which caused her to develop acute peritonitis from a perforated gastric ulcer which was found to be the cause of her death. Additionally, the couple also abused Mey by inflicting serious injuries upon her while she was kept hostage.

 

Furthermore, the couple also violated Mey’s fundamental liberty against slavery and forced labour as they forced Mey to continue her duties as a hired domestic helper without paying her or allowing her to terminate the contract to serve them.

 

Thus, we agree with the court’s decision to sentence the couple to death under Section 302 of the Penal Code as the couple has violated the state’s criminal law and should be charged with murder, false imprisonment, assault, battery and violating Mey’s fundamental liberties.