Filipina DH wins right to present sex video in civil case vs elderly doctor

 

Apthorp (with blue mask) being led away from court by his solicitors (File)

A Filipina domestic helper has scored an initial victory in the civil case she filed against an 85-year-old retired British doctor, who she claims had molested her, when a District Court judge allowed the showing of two pornographic videos as part of her evidence.

Lawyers for the defendant, Brian Drew Apthorp, had tried to block the use of the video clips which the plaintiff, identified only as C.B., claimed was shown to her by the octogenarian prior to molesting her.

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The defense argued that the clips, which purportedly showed Apthorp in a sexual act with another woman, had no direct bearing on the case, but the prosecution said they can prove the defendant’s character and background.

After hearing both sides, Deputy District Judge David Chan allowed the clips to be presented in court, but said he has yet to decide on their weight as evidence..

Earlier, CB also won the right not to have her full name disclosed in public.

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CB which is represented by solicitors Patricia Ho and Associates on legal aid, is claiming more than $1 million in compensation for personal injury and pain and suffering.

Among other allegations, she said the retired doctor had molested her on the pretext of conducting a physical examination, repeatedly ordered her to massage him while fully naked, and watch pornographic videos with her.

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C.B. was then called to the witness stand, during which she confirmed that she had attained college education in the Philippines, and a caregiving certificate. She first worked in Kuwait and Singapore, before moving to Hong Kong in 2014.

She said her first employers were a couple who were both police officers. She admitted describing them as “bad people” as they gave her little food and often shouted at her. She said she tried to put up with them as it cost her money to get to Hong Kong, but they terminated her contract after three months and she had to return to the Philippines.

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She first read about Apthorp’s need for a domestic worker from the online page, Geoexpat, after her second contract was terminated by her employer for financial reasons. After an initial interview, she said Apthorp’s helper at the time, Janice Villanueva, called her up and asked her to report for work in September 2018 at the employer’s 3,000 square foot house in Shouson Hill.

At the time, CB said she did not pay much attention to a document detailing her responsibilities as a helper, and stating that a pre-employment medical examination was required. She was asked if she knew that the defendant was a doctor and could thus do the examination himself, but she said she did not know. Besides, she knew that it was standard practice for most employers to require a medical check, but this was something done in a clinic or hospital.

In an attempt to show that she had been feigning ignorance about the job requirements that Apthorp had supposedly made clear to her from the beginning, the defense lawyer pointed out CB could not have possibly just skimmed through the document that mentioned additional benefits, including a “generous bonus” if she completed the contract.

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The lawyer also asked why CB said she could no longer remember how long her initial job interview took when she said during Apthorp’s retrial only in November last year that it lasted an hour and a half.

When CB said she did not expect Apthorp to ask her to bathe him naked, the lawyer asked if she was not taught this in the caregiving course that she took, and she said they were told the person they were looking after should be in shorts.

The lawyer said then that the only reason CB was insisting that she did not pay much attention to the document she was made to sign was because she did not want the court to know that she had known all along what working for Apthorp entailed.

CB said this was not true as she had nothing to hide, and she knew it would not do her good to lie.

Earlier, she also denied undergoing a psychological examination with the Dignity Institute because she was preparing to file a civil claim against Apthorp. CB said it was because she thought she needed help because she was “not in a good mental state.”

Apthorp was convicted of three counts of indecent assault on CB in July 2021, for which he was sentenced to 30 months in jail. But a retrial ordered by the High Court led to his being acquitted of all charges in November last year.

The hearing of the civil case is expected to last for five days.

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Asylum seeker fined $1k for possessing Viagra

 

Viagra, a brand name for sildenafil, is a prescription drug in Hong Kong

A 45-year-old Filipino recognizance paper holder (which shows his opposition to being sent back to the Philippines), was fined $1,000 at Eastern Court on Friday, after he pleaded guilty to possessing 3 tablets and fragments of another tablet of sildenafil, which is sold under the brand name Viagra.

Sildenafil is listed as Part 1 Poison in the Pharmacy and Poisons Ordinance, which prohibits anyone from having it in their possession without a prescription.

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C.K.D., who lives in Yuen Long, was found to have the prohibited substance in his bag when he was stopped for a random check at the junction of Canal Road West and Hennesy Road in Wanchai on October 26  this year.

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Shortly after giving his statement on Dec. 15 he was taken to court where he pleaded guilty to the offence before Magistrate Tang Ching-yiu, and then fined.

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Viagra, which is taken by men for erectile dysfunction, is classified as a prescription drug in many countries including the United States as it’s been found to have an ingredient that may interact with nitrates found in some prescription drugs, such as nitroglycerin, and lower blood pressure to dangerous levels.

However, it is sold over the counter at pharmacies in some countries like the United Kingdom.

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Under Hong Kong law, possession of part 1 poison carries a maximum penalty of two years’ imprisonment and a $100,000 fine.

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Filipina jailed 8 years ago for drug trafficking freed after retrial

 

The green-colored bag containing a kilo of cocaine that doomed Chua

A Filipina who spent more than eight years in jail for drug trafficking was acquitted of the charge on December 5 after a retrial, and is now back home in the Philippines where she has been reunited with her two children.

Shirley Masigla Chua, a single mother who is now 54 years old, walked free from the High Court after the jury voted 5-2 in favour of acquittal.

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Mercy Foundation which is run by Fr. John Wotherspoon, provided her with accommodation after she was released from jail, and paid for her return ticket to Manila last Tuesday, Dec. 12.

Consul Paul Saret, head of the assistance to nationals section, issued her with a one-way travel document as her passport had expired while she was in jail.

Chua won the right to a retrial on Nov. 17 last year, after three Court of Appeal justices overturned her drug trafficking conviction for which she was sent to 20 years and 11 months in jail on Sept. 20, 2017.

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Justices Andrew Macrae, Kevin Zervos and Maggie Poon unanimously decided her conviction was unsafe as the trial judge had failed to properly direct the jury on the difference between mere suspicion and “turning a blind eye” to a crime.

In Chua's case, she only admitted to having suspicions about the check-in bag she was made to carry to Hong Kong, but denied knowing that there was cocaine hidden inside.

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In their written judgment, the justices said: “A court can properly find wilful blindness only where it can almost be said that the defendant actually knew. He suspected the fact; he realised its probability; but he refrained from obtaining the final confirmation because he wanted in the event to be able to deny knowledge. This, and this alone, is wilful blindness. It requires in effect a finding that the defendant intended to cheat the administration of justice.”

While she did not give evidence during her first trial, Chua told police during a video recorded interview that she saw nothing suspicious inside the green hand-carried bag she was made to carry to Hong Kong, but felt it was heavy.

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She also said she noticed the smell of menthol coming from it and could hear noises when she knocked the bottom of the bag, but did not bother to ask questions from the person who gave it to her.

The bag yielded nearly a kilo of cocaine after Chua and a traveling companion, Maricel Thomas, were stopped on arrival at Hong Kong International Airport on Sept. 25,  2015.

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Thomas carried a similar bag containing roughly the same amount of cocaine, but she was acquitted of drug trafficking after trial. 

She said in her statement to the police that she had asked the person who requested her to bring it into Hong Kong if it contained drugs as she felt it was heavy, and she was told “no.” Thomas she had doubts because she was paid Php11,000 just to deliver it.

In the re-trial, Chua took the witness stand and insisted that she did not know that the bag she was made to carry with her had contained drugs.

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Chua’s nightmare began on Sept 23, 2015 when a new acquaintance, Remelyn A. Roque and another woman named Nora Noora invited her to join a trip to Hong Kong. Apart from Roque and Thomas, another Filipina, a dentist named Ana Loella G. Creus, was to go with them.

According to the prosecution, all four accused had conspired  to smuggle cocaine into Hong Kong on Nora’s instructions. The plane tickets of Chua, Roque and Creus were bought on Sept 22, 2015 while that for Thomas was issued the next day.

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The four allegedly met up with Nora at Roque’s house on Sept  25, 2015 before taking their flight to Hong Kong. Nora allegedly drove them to a van, in which four identical trolley bags in different colours were handed to them. Chua got the green bag, Thomas the red, Roque the brown, and Creus the black.

After they transferred their personal belongings into these bags, they were driven to the airport. They hand-carried their respective bags on the flight to Hong Kong.

On arrival, Roque and Creus managed to pass unchallenged through the “nothing to declare” green channel but Chua and Thomas were stopped. An ensuring search  yielded 1,225 grams of a powder containing 944 grams of cocaine hidden in the linings of Chua's bag and 1,203 grams of powder with 923 grams of cocaine in Thomas'.

Meanwhile, Roque and Creus proceeded to a hostel in Chungking Mansions in Tsim Sha Tsui. Creus was later seen on CCTV delivering the brown and black bags to two men inside the building in the early hours of Sept. 27, 2015. The two bags which were presumed to have carried the same amount of drugs, were never recovered.

Roque and Creus were arrested early on Sept 27, 2015 on their return to the airport.

Various mobile telephones were seized from Chua, Roque and Creus. According to the prosecution,  messages retrieved from the phones showed persistent communication between Roque, Creus, Nora and another person called Fei Fei, concerning the trip and its conduct.

The messages included one from Roque expressing thanks that she was not stopped for customs inspection, and expressions of concern about Chua and Thomas being caught. Nora also told Roque and Creus to contact their two travel companions and bring back the bags they were carrying or they would be killed.

Nora later warned the two not to pass through immigration together on their return flight, and to keep their distance from each other.

All four accused were charged with conspiracy to traffic drugs, with an alternative charge of drug trafficking being filed against Chua and Thomas, all in violation of the Dangerous Drugs Ordinance. They all pleaded not guilty to the charges.

After a trial that started nearly two years after their arrests, Thomas was acquitted of all charges. 

Chua was acquitted of the conspiracy charge but was found guilty of drug trafficking, for which she was sentenced to 20 years and 11 months in jail.

Roque and Creus were convicted of conspiracy to traffic drugs and were sentenced to 23 years and 11 months’ imprisonment and 24 years and 5 months’ imprisonment respectively.

All three appealed against their convictions but only Chua was successful. However, it would take her more than a year to regain freedom, after the Appeal Court decided to order a retrial instead of quashing her conviction outright.

In its decision, the CA justices noted that Chua has already served about half of her sentence by the time of the hearing of the appeal, assuming good behaviour, but said that a retrial was in order.

“What D1 faced was a very serious offence with a maximum term of life imprisonment. The error which caused this Court to allow the appeal is not concerned with the quality of the evidence but rather an error in law in the direction given by the judge. It is, in our view, in the interests of justice, to order a retrial.”

Chua's acquittal after the retrial may have been bittersweet, but could have only been welcomed not just by her, but also by her loving family and friends. Her children, in particular, had tried to send her messages through social media telling her not to worry about them, and expressed hope that they would be reunited with her soon.

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20 arrested in raids against illegal workers

 

Suspected illegal workers arrested during an operation are taken for investigation.

The Immigration Department (ImmD) has renewed its warning against illegal work after 20 more persons were arrested in its latest operations.

In raids conducted on Dec. 11 to 14,  territory-wide anti-illegal worker operations codenamed "Twilight", and joint operations with the Hong Kong Police Force codenamed "Champion" and "Windsand" netted 14 suspected illegal workers, five suspected employers and one suspected aider and abettor.

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"Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence,” an ImmD statement said. “Visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."

The statement added that the penalties against people employing them are heavier, with offenders subject to a fine of up to $500,000 and imprisonment of up to 10 years to reflect the gravity of such offenses.

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In operation "Twilight", ImmD Task Force officers raided 16 target locations including an exhibition hall, guesthouses, premises under renovation, restaurants and a vegetable stall.

Ten suspected illegal workers, five suspected employers and one suspected aider and abettor were arrested.

The arrested suspected illegal workers comprised six men and four women, aged 26 to 50. Among them, one man and two women were holders of recognisance forms, which prohibit them from taking any employment. 

In addition, one man and one woman were suspected of using and being in possession of a Hong Kong identity card belonging to another person and using and being in possession of a forged Hong Kong identity card respectively.

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Arrested for employing the illegal workers  were three men and two women, aged 34 to 56, were. One of the men was also suspected of transferring his Hong Kong identity card to another person without a reasonable excuse.

One man, aged 40, was also arrested for aiding and abetting a person who breached the condition of his stay in Hong Kong,

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During operation "Champion", officers raided 28 locations in the Western district and arrested three suspected illegal workers, cpnsisting of one man and two women, aged 37 to 43. Two women were holders of recognisance forms, which prohibits them from taking any employment.

During operation "Windsand", one male Mainland visitor, aged 38, was arrested for breaching his condition of stay by being involved in suspected parallel trading activities at San Wan Road in Sheung Shui district. The goods mainly included cosmetics products and electronic devices.

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Court acquits Filipina accused of stealing from her employer

Sarah Bagasino (third from left) poses with fellow residents of Bethune House in front of the Kwun Tong court

A Filipina domestic helper was acquitted today at Kwun Tong court of stealing from her employer the clothes and various other things she was seen wearing on her posts on Facebook, and later found in a search of her belongings.

In her testimony during the trial, Sarah Bagasino, 35, maintained that the items were given to her by her employer, Nicole Chan, over several months until the latter complained to police last Feb. 22.

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The items, as detailed by the charge sheet, consisted of “six tops, one pants, one trousers, one hat, one sunglasses, one bra and three dresses.”

They were alleged to have been stolen “on diverse dates between an unknown day in December 2022 and 22nd day of February 2023” in the employer’s house in Lohas Park, Tseung Kwan O.

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Magistrate Lau Suk-han said that she had questions about Bagasino’s testimony, such as the absence of proof that Chan had indeed given her the clothes found in her possession. She could have taken pictures of herself wearing the clothes in the presence of her employer, she added.

But Magistrate Lau concluded that the accusation against Bagasino was not proven “to the standard required”.

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“I did not consider (Chan) to be telling the whole truth,” she added.

Lau cited the employer's two versions on when she complained to the police about the theft -- on the day that she saw Bagasino on Facebook wearing her clothes and three days before.

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She acknowledged that the defense lawyer also raised the possibility that Chan complained to police about the theft to get back at Bagasino whom she accused of passing on the foot and mouth disease virus to her two-year-old son, and over which they had a heated argument.

Lau wondered why Chan did not suspect Bagasino of stealing her things until her son got sick, when she claimed to have noticed some items missing.

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After Lau read her verdict, a tearful Bagasino walked to her fellow residents of Bethune House, who hugged her as they came down from the gallery. 

She later collected the $500 that she paid to the court as bail. “I need to return it to Mama Edwina,” she said, referring to Bethune House manager Edwina Antonio.

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With her name finally cleared after 10 months, Bagasino’s next step is to pursue her claim at the Labour Tribunal for the last item that her employer has not yet paid – her one-month salary in lieu of notice.

She said she was terminated on the spot on Feb. 22, when Chan called police after she arrived from her day off, and was therefore entitled to such payment.

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She also plans to look a new employer; that is, if she gets the permission of her husband, two sons and one daughter, who have been waiting for the case to end so she can go home to Biliran, Leyte.

Bagasino’s advice to OFWs who happen to receive clothes and other gifts from their employers: “Don’t keep them among your things.”

She said she had kept the clothes given by Chan, which date back to when her ex-employer was still a teenager, because she was intending to send these to her daughter and she was still saving up for the door-to-door box. 

She has since left these clothes in her ex-employer’s house.

Or, she added, OFWs can follow the magistrate’s suggestion in her verdict: have a picture taken showing your employers approving of you wearing their clothes.

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