Neither party was in District Court for the hearing |
The hearing of a compensation claim by the family of a
Filipina who fell to her death in Mid-Levels four years ago faces a further
delay as both parties failed to show up in a hearing at the District Court on
Nov 9.
Judge Katina Levy adjourned the case for another six months
after claimant Virginio Jose or his representative, and defendant Cheung Yeuk
Lee, both failed to appear at the hearing.
Jose, common-law husband of deceased domestic helper Ruby
Ann Diola, was to have been represented by Mission for Migrants director Edwina Antonio,
who filed the claim on his and his son Vivejo’s behalf.
Mission’s general manager Cynthia Abdon-Tellez rushed to the
District Court after being informed by this reporter about the hearing, and apologized
for the absence of Santoyo, who she said was in Mexico .
Tellez asked if she could take directions from the judge
regarding the case, but was told she could not as she was not the representative
on record.
“I cannot give directions now because you cannot represent
the claimant and, also, because the respondent is not in court,” the judge
said.
But Levy told Tellez the claimant should apply for legal aid
so a lawyer can be appointed to represent him, and also to find out the present
address of the respondent where summonses can be served.
The judge noted that all the notices sent to the last known
address of Cheung on Robinson’s Road, Mid-Levels had not been received. She said the case could not move forward
without Cheung getting the notices and appearing in court.
The judge suggested adjourning the hearing for nine months,
but Tellez said six months would do. So, Levy adjourned the hearing to Apr 12, 2019.
Diola, then 27, fell to her death from the 32nd
floor flat of Cheung, and her body was found on the podium next to a swimming
pool in the morning of Oct 23, 2014. Police classified the case as “death by
falling.”
At an earlier hearing, Levy took note that Cheung had been
fined $5,000 by a court for failing to take out life insurance for the maid.