Woman acquitted of maid abuse after High Court finds inconsistencies weakened helpers’ evidence

A 60-year-old woman who was handed 10 months’ jail in 2023 for abusing two of her domestic workers in her Sentosa Cove home succeeded in her appeal on Feb 14 and was acquitted of the charges she faced.

In overturning the conviction of Ms Tan Lee Hoon, High Court judge Aidan Xu set out multiple unresolved material inconsistencies between the helpers’ testimonies in court and their police statements.

He noted that inconsistencies in testimonies are to be expected and that the court “must be careful not to require superhuman standards of recollection”.

But a number of the inconsistencies were central components of the factual assertions underlying the charges against Ms Tan.

These aspects included the number of times force was used, how the hurt was caused, the sequence of events, and the triggering event or cause of the assault.

For instance, one helper told the police that two incidents occurred two weeks apart but, in court, she said they happened on the same day.

The other helper was inconsistent as to the number of pinches she allegedly suffered, and whether a particular incident took place in the bedroom or living room.

Justice Xu said: “The inconsistencies, as to the number of pinches, location and other details, together weakened the evidence of the complainants.”

He added that he could not find that the prosecution had proven its case beyond reasonable doubt. 

He said there was insufficient evidence of collusion, but that did not affect Ms Tan’s case, as the complainants’ evidence could not be accepted, regardless of any motive to lie or collusion.

He also quashed an order by the lower court for Ms Tan to pay $2,500 to Ms Joan Lozares Lizardo and $5,100 to Ms Jenefer Vegafria Arangote as compensation.

Ms Lizardo, 37, and Ms Arangote, 43, are both Philippine nationals.

After she was cleared by the High Court, Ms Tan was in tears as she hugged family members and friends outside the courtroom, saying she “suffered for many years”.

Speaking through her lawyer Derek Kang, she added that she had always treated her domestic helpers well and wanted them to be happy.

“When these complaints were made, I could not understand why they had made these false allegations against me. I am grateful that justice has finally prevailed.”

Ms Tan, who wore her hair in pigtails, also wished reporters a happy Valentine’s Day.

Her trial began in December 2020.

She contested eight charges of causing hurt to the two domestic helpers who previously worked in her household.

Ms Lizardo and Ms Arangote were employed by Ms Tan’s husband, Mr Sim Guan Huat.

The alleged assaults were said to have taken place in September and October 2018.

Ms Lizardo started working for the household in October 2015.

Ms Arangote was employed in August 2018, becoming the fourth domestic worker in the household.

The two other helpers were dismissed in August 2018 and October 2018, respectively.

In December 2022, Ms Tan was convicted of seven charges and acquitted of one charge by a district judge. She was sentenced in January 2023.

Ms Tan filed an appeal to the High Court.

Senior Counsel N. Sreenivasan, who argued her appeal, said the number of discrepancies and inconsistencies in the two helpers’ evidence made the convictions unsafe.

Ms Tan had faced a charge of kicking Ms Lizardo’s chest and another charge of hitting the helper’s head.

Ms Lizardo told the police that there was a period of more than one week between the two incidents.

But, in court, she said both incidents occurred within minutes of each other.

Ms Tan had also faced a charge of pinching Ms Arangote’s right bicep in September 2018.

In court, Ms Arangote initially testified that she had been pinched twice. She later said during cross-examination that she had been pinched only once and that the incident took place in October 2018.

Ms Tan had also faced a charge of pinching Ms Arangote’s abdomen in September 2018. The helper initially told the police that the incident took place in the living room, and that she was unable to recall why Ms Tan was angry with her.

In court, Ms Arangote testified that the pinch occurred in the bedroom, and was able to recall that Ms Tan was not happy with the way the helper had massaged her.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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