Court of Appeal orders Nirmala Bonat to deposit RM5,000
PUTRAJAYA, Nov 24 — Abused Indonesian maid Nirmala Bonat was ordered by the Court of Appeal to deposit RM5,000 in security for costs, here today.
The order was sought by housewife Yim Pek Ha and her husband Hik Ik Ting, Bernama Online reported.
The couple are now being sued for the pain and suffering Nirmala experienced working for them eight years ago.
The application was made so they can secure legal costs in the event their ex-maid lost her civil suit against them, for Nirmala has since returned to her Indonesian hometown.
However the three-man panel led by Justice Datuk Sulaiman Daud ordered only a sum of RM5,000 deposited versus the RM50,000 asked by the applicants.
The panel — with Justices Datuk Alizatul Khair Osman Khairuddin and Anantham Kasinather — overturned the decision of a High Court senior assistant registrar in dismissing their application for security for costs last February 10.
Nirmala, from Desa Tuapakas in Kota Kupang, is seeking general damages for pain and suffering, in excess of RM40,000 in special damages for loss of income, medical expenses and other costs deemed fit by the court, as stipulated in her statement of claim against Yim and Hik.
She claims Yim’s abuses caused her mental anguish and physical injury, and further humiliated and insulted throughout her employ for the couple between September 2003 and May 17 2004, at their residence at Villa Putera on Jalan Tun Ismail.
The claims include Yim using a hot iron, hot water, a metal cup and plastic hanger to inflict injuries on Nirmala.
A Sessions Court has since sentenced Yim to a jail term of 18 years for causing grievous hurt to the Indonesian woman. The sentence was commuted to 12 years upon her appeal to the High Court.
The appeal and cross-appeal by Yim and the prosecution respectively, against the High Court decision is pending at the Court of Appeal.
Nirmala was represented by M. Kavimani, while Jagjit Singh was the couple’s representative.