Judge acquits FDH accused of stealing while with employer

West Kowloon Magistracy building

Would a domestic worker commit theft in front of her employer?

A judge in Cheung Sha Wan acquitted a 57-year-old Filipino domestic worker accused of stealing a blouse from a store in Mong Kok.

West Kowloon Deputy Magistrate Alan Ng Hoi-lun said the prosecution failed to prove that Anita S.V. stole a blouse when she and her elderly ward visited the Mong Kok store in May.

“Although it was suspicious, the prosecution has not proven beyond reasonable doubt that she intended to steal. The defendant is acquitted,” Judge Ng said in his verdict on Nov. 16.

He said Anita might not have been able to pay because her elderly ward, Madame Leng, was urging her that they leave the store.

The judge also noted that the domestic worker had maintained a clear record during her stay here in HK–she had been with her present employer for the last eight years–and was of “good character.”

The prosecution said a saleslady noticed Anita and her elderly ward, Madame Leng, arrive at the store. While on the first floor, Anita took a blouse before the two of them went down to the lower floor.

“While the defendant approached the changing room, she did not enter. Instead, the defendant and Madame Leng walked back to the upper level,” Judge Ng said.

He said that the CCTV footage of the incident showed that Anita put the blouse in her bag when she was about to reach the top of the stairs back to the upper level.

“They then left the shop and did not make any payment,” Judge Ng said.

“Did the defendant dishonestly and have intention to steal without paying? The defendant said that while she was walking up the stairs, she still had the intention to pay. She had enough money with her,” he added.

The judge noted that the CCTV footage showed that Madame Leng was “agitated” and was urging Anita that they leave the store. He said Madame Leng wrapped her arm around Anita’s right arm as if encouraging her to step outside of the store.

“Madame Leng seemed to be urging the defendant to leave the shop.  It could have been the case that she had to take care of Madame Leng, who was agitated,” Judge Ng said.

He added that it “was possible” that the Filipino domestic worker had forgotten to pay while trying to taking care of her elderly ward.

“And would the defendant commit a crime right in front of the employer?” the judge said, ruling that the court “cannot say for certain” that Anita was guilty.

The Filipino woman reddened and cried as the magistrate announced her acquittal. Outside the court, she embraced the lawyers provided and paid for by her employer and thanked them.

“I love my employer!” Anita said.