Court throws out Filipina’s theft case, says employer should be the one charged

 

Rechel Paner (2nd left) poses in front of the Fanling Court with the Consulate’s representative Danny Baldon, duty lawyer’s interpreter Lorna Gelizon and the court intepreter, Christine Santos

The Fanling Court today dismissed theft charges against a Filipina domestic helper and turned the tables on her accuser, her former employer, suggesting authorities charge her with perverting the course of justice and conspiracy to defraud the Immigration Department.

Magistrate Kenneth Chan also criticized the police for giving him an “ugly impression that it sided with the rich and did not respect the rights of the downtrodden” after officers ignored an earlier complaint of Rechel Paner, 39 years old, who called the emergency number 999 that she was assaulted by her employer, and instead arrested her for theft.

Paner was accused by her employer Lo Wai-yin of stealing her diamond ring, a gold nugget and a jewelry box in her three-story house on Melrose Ave. in Lok Ma Chau.

PINDUTIN PARA SA DETALYE

After she was charged, Paner was detained for five months because her two bail applications were rejected twice, until Magistrate Chan took over the case, started the trial and allowed her to post bail of $1,000.

In his verdict, Magistrate Chan branded as fabricated the allegation that Paner stole the jewelry and put them in a laundry bag that contained her belongings on March 15, 2024.

During the four-day trial, it was established she was not the only one who had access to the laundry bag; there was another domestic helper, aside from the employer’s family.

Basahin ang detalye!

He also noted that the CCTV cameras were turned off in the whole house on that day, which the employer explained was because Paner did not want to be filmed while changing clothes. But the maids’ room, where she changed clothes, has no CCTV camera, he noted.

Prosecution, he concluded, failed to prove beyond reasonable doubt that Paner stole the items. “I do not believe they were stolen,” he declared.

During the trial, another domestic helper appeared as prosecution witness.

It turned out that she was not supposed to be working for Lo, because immigration records show that her employment visa was based on a work contract signed with a certain Elaine Yiu, and was not registered with the Philippine Consulate.

The Filipina admitted she was working for Lo without proper documents, which put both of them at risk of being charged with conspiracy to defraud the Immigration Director.

“I urge Police and Immigration authorities to join forces to investigate this,” Chan said.

After her acquittal, Paner approached her duty lawyer, Yasmine Zahir, to thank her.

She also thanked the Consulate’s representative Danny Baldon and the duty lawyer’s interpreter Lorna Gelizon, who each chipped in $500 for her bail, which she repaid once she got out of jail, as well as the court intepreter, Christine Santos.