High Court junks FDH rape case

Hong Kong HighCourt Entrance" by Chong Fat - Own work (Self took photo). Licensed under Public Domain via Commons - https://commons.wikimedia.org/wiki/File:HK_HighCourt_Entrance.JPG#/media/File:HK_HighCourt_Entrance.JPG

NOT once but twice.

The High Court has acquitted a Nepalese man accused of raping a Filipino domestic helper twice in Clear Water Bay last year.

Court of First Instance Justice Clare-Marie Beeson on September 9 acquitted defendant L.J. Gurung of the two rape charges after the complainant did not return to Hong Kong to testify.

“I acquit you of Charge 1 and I acquit you of Charge 2. You are free to leave the court,” Justice Beeson told Gurung.

The justice issued the order after Gurung was arraigned and he pleaded not guilty to the two rape charges.

The defendant was accused of raping the Filipino woman, then his co-worker, on April 17, 2014 inside the storeroom of their employer’s home along Hang Hau Wing Lung Road in Clear Water Bay.

Five days later, the defendant allegedly again raped the complainant in the same storeroom.

But because the Filipina did not appear in court, even after the hearing was adjourned twice, the prosecution did not offer any evidence against Gurung and he was acquitted.

“The prosecution offers no evidence with respect to Count 1 and also no evidence on Count 2,” the prosecutor said.

Vice Consul Fatima Guzman Quintin, head of the Philippine Consulate General’s Assistance to Nationals (ATN) Section, said the PCG tried its best to convince the complainant, who is in her late 20s, to return to Hong Kong and testify in court.

“We even prepared a budget for her hotel, plane tickets, and daily needs while she’s here because we want to pursue this case,” Quintin said.

A source familiar with the investigation said the complainant “wanted to move on” and decided not to return to Hong Kong “although the police was calling almost everyday to follow up the case.”

After the alleged rape incident, the complainant was housed in the consulate’s shelter. She tried to find another employer but decided to go home for good in October 2014.

The Filipina, who is single, first came to Hong Kong to work as a domestic helper in 2013.

“Even when she was back in Manila, the DSWD (Department of Social Welfare and Development) sought her out and gave her counseling,” Quintin said.

“Rape cases are very sensitive. You cannot force the victim to testify. The DSWD was also careful not to make it more stressful for her,” she said.

Nevertheless, Quintin urged Filipinos in Hong Kong who are sexually abused to come forward and not hesitate in seeking the consulate’s help.

“We will provide them assistance. The ATN will take care of the police case,” Quintin said.

Besides acquitting Gurung, the High Court also approved his request for cost for his legal troubles.

The defendant was imprisoned for at least two months while the case was heard at the Kwun Tong Magistracy before he was eventually allowed to post a $20,000-bail.