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The attempt by a former domestic worker to seek compensation for her wrongful conviction took a turn yesterday when the judge suggested that the parties resort to mediation.
Ms. Parti Liyani is seeking compensation from the Attorney General’s Office (AGC) after her theft conviction was overturned on appeal by the High Court last month.
The 46-year-old Indonesian lawyer, Mr. Anil Balchandani, told the High Court that he had suffered losses of around $ 71,000 as a result of the case.
This included $ 41,000 in lost income in the four years after he was accused of robbing the family of prominent businessman Liew Mun Leong.
Approximately $ 29,000 were expenses for his accommodation in a shelter run by the Humanitarian Organization for the Economy of Migration, a support group for migrant workers.
However, the compensation Ms. Parti can receive is capped at $ 10,000 under the Code of Criminal Procedure if the court finds the accusation frivolous or vexatious.
As such, Judge Chan Seng Onn urged both parties to resolve the issue through mediation, as the cost of court proceedings would likely exceed the $ 10,000 award.
[[nid:502539]]“It is not a very large amount, and if we go ahead with this, the cost of the hearing will be over $ 10,000,” Justic Chan said.
“Court fees are publicly funded … Similarly, for (Mr. Balchandani), it is also a cost. Add all this up, two days of hearing, and this is all over.
“Is it worth it? To me, it doesn’t seem like it. It’s not proportionate at all.”
Earlier in proceedings yesterday, Balchandani said Parti had initially considered seeking compensation from the Liews, but later changed her mind.
He told Judge Chan that “a lot has happened” since the judge acquitted Ms. Parti, in the sense that Mr. Liew had resigned from his positions at the Changi Airport Group and Surbana Jurong.
“My client’s instructions were not to further aggravate his problems,” Balchandani said.
“We had some documents ready, but we didn’t send them.”
Nominal sum
However, she added that Ms. Parti was seeking compensation from the AGC, only a nominal sum to acknowledge that something had gone wrong in the process that led to her initial conviction.
“The appellant, who is now a free person, was wronged, and the AGC might be a little wiser next time,” he said.
Balchandani also said that he had discussed the compensation issue with the AGC, but the negotiations had been halted.
Judge Chan suggested that the parties seek an outside mediator to help with this, and provided the names of several former attorneys general who would be familiar with the legal processes to allow for a smooth mediation.
Deputy Prosecutor Mohamed Faizal said he would inform the AGC of Judge Chan’s guidance and seek further instructions.
The parties also agreed on a timeline for the proceedings in the event that mediation failed.
Reminding the parties that court proceedings require public funds, the judge told them to resolve the issue “quickly without all this hassle.”
He also noted that the court proceedings would place an additional burden on Ms. Parti, who is eager to return home to Indonesia.
Mr. Balchandani successfully applied for Ms. Parti’s attendance at court to be waived.
Ms. Parti worked for the Liew family for nine years, but was fired on October 28, 2016, after she expressed dissatisfaction at having to do extra work.
[[nid:506402]]After his return to Indonesia, the Liews made a police report claiming that he had robbed them.
Ms. Parti was arrested and charged after returning to Singapore on December 2 of that year.
She was convicted in March of last year in State Court of stealing more than $ 34,000 worth of items from the Liews.
In overturning the convictions, Judge Chan said he found the trial judge’s decision to be unsafe and also pointed to the Liews’ inappropriate motive for filing the police report.
Last Friday, Chief Justice Sundaresh Menon granted permission for an investigation into Ms Parti’s misconduct allegation against two prosecutors at her trial.
A disciplinary tribunal will be convened to hear the case.
Law Minister K. Shanmugam is expected to make a ministerial statement when Parliament meets next week and address the issues raised.
This article was first published in The New Paper. Permission is required for reproduction.
