Arrest Warrant Out For Senior Citizen In Maid Murder Case

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MA Ambika and her daughter R Jayavartiny (on her right) at a hearing at the Bukit Mertajam High Court in 2018.PUTRAJAYA: The Federal Court today issued a warrant of arrest against a senior citizen, accused of murdering her Indonesian maid, for failing to turn up.
Judge Vernon Ong made the order after deputy public prosecutor Mohd Dusuki Mokhtar informed the court that MA Ambika, 63, did not respond to attempts by the police to serve the hearing notice at her Penang home.
“The notice, informing the respondent on today’s hearing, was put up at her front gate on Dec 7,” Dusuki said.
“Her daughter (R Jayavartiny) admitted that she (Ambika) was aware of the court’s hearing today but did not show up.
“The hearing has been postponed numerous times due to her absence. We are constrained to issue a warrant to compel her to attend court.”
The other judges who sat with Ong were Zaleha Yusof and Harmindar Singh Dhaliwal.
Ong noted that Jayavartiny, who was present in court on behalf of Ambika, had produced her mother’s medical report and medical certificate.
“However, the medical certificate did not mention that she (Ambika) cannot attend court due to her health condition,” the judge said, adding that the court will appoint a lawyer to represent Ambika in the murder case.
The court fixed Jan 24 as the next mention date.
Ambika was accused of murdering Adelina Lisao, 28, at her home in Medan Kota Permai 2, Bukit Mertajam, on Feb 10, 2018.
The High Court in George Town acquitted her although the prosecution had requested for a discharge not amounting to an acquittal (DNAA).
The Court of Appeal affirmed Ambika’s acquittal last year. In its decision, appeals court judge Nordin Hassan pointed out that the prosecution had accepted a representation from Ambika’s legal team and that it would not proceed with the proceedings against her.
“The decision not to proceed with the prosecution of the respondent was made two days before the decision by the trial judge to acquit the respondent on April 18, 2019.
“On this ground alone, the exercise of the trial judge’s discretionary power to order an acquittal against the respondent is justified. There is no valid reason for the prosecution to apply for the case to be classified as DNAA when it has been decided that the charges against the respondent are to be dropped,” he had said.
The Attorney-General’s Chambers (AGC) appealed against the decision.
Human rights group Tenaganita had questioned the earlier decision to drop the murder charge. Some 30,000 people had also signed a petition seeking answers from the prosecution.
Ambika had intention to avoid court, says prosecution
Earlier today, Dusuki requested the court to issue an arrest warrant against Ambika, citing that “there was an intentional conduct by the respondent” in skipping her court case.
“We went to her house seven times this year to serve the notice of appeal and petition of appeal, but she and her daughter did not respond,” he said.
He said police last went to Ambika’s house on Tuesday evening to serve the notice on the hearing today.
Jayavartiny told the court Ambika was unable to walk.
She said she and her mother were in hospital when the police went to her house.
“Her health has got worse since last year,” she said, when asked by Zaleha about Ambika’s situation.
Indonesian consul-general in Penang Bambang Suharto and embassy officers were present in court to observe the proceedings.
Bambang hoped the hearing could proceed in the apex court.
“We hope this case will bring justice to Adelina and other migrant workers,” he said. - FMT

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