Pinay charged with stealing $40 from fellow FDH acquitted

Kwun Tong Magistracy

A judge in Kwun Tong this afternoon (March 15) acquitted the Filipino domestic helper who was accused of stealing $40 from her colleague in Sai Kung.

Kwun Tong Deputy Magistrate Philip Chan Chi-fai cleared defendant Imelda B. of the charge of theft after the prosecution failed to prove her guilt beyond reasonable doubt.

“In this case, the defendant’s defense was not effectively challenged by the prosecution,” Judge Chan said.

“Her (behavior) was suspicious but suspicions are not enough to prove a criminal charge. I find the defendant not guilty,” he added.

The complainant, Catherine C., had accused Imelda, her more senior colleague, of stealing $40 from her jacket which she had left inside her employer’s flat in Sai Kung.

Catherine testified on March 6) and accused her more senior colleague, Imelda B., of stealing two $20 bills out of the $141.5 that she had put inside the pocket of her jacket.

The initial charge said that the defendant took all the $141.5 but, when she testified in court, the complainant said that she lost only the $40.

The complainant had taken pictures of the $20 bills (with serial numbers EF253758 and GN009463) because she had previously lost $2,000.

The prosecution said the incident happened on Nov. 7 inside their employer’s flat. Catherine had put the money in her jacket so that she could use it when she and her employer left the house.

But in her hurry, she forgot to bring along the jacket and she left it in the kitchen. She discovered the theft when they returned home later that day.

She told her employer and they called the police the following day. Imelda’s belongings were searched and the two $20 bills were found in her wallet.

Catherine added that Imelda also owed her $2,740, a claim that the defendant denied.

In her defense, Imelda accused the complainant of setting her up to get rid of her. She said they had arguments before about their work and Catherine allegedly badmouthed her to their employer.

Imelda, 51, said Catherine owed her $40 and when she asked her to pay, the complainant supposedly told her to get the money from her jacket.

Imelda’s lawyer noted that, if her client had stolen the money, why would she get only the $40 bills and leave behind the $101.5

She also noted that if Imelda had stolen the money, she would not have put the bills in her own wallet which could easily be discovered.

While he found Catherine to be an “honest and credible witness,” Judge Chan also noted that Imelda was consistent in saying that the complainant owed her $40 and was told to take the two $20 bills as payment.

The magistrate noted that this was what Imelda said when the police arrived at their employer’s flat, when she was interviewed at the police station, and when she was cross-examined in court.

Imelda was teary-eyed after hearing her acquittal and thanked her lawyer and Edwina Antonio, executive director of Bethune House Migrant Women’s Refuge, which had provided her shelter.

“Thank you so much,” she said in between tears.