PUTRAJAYA: An Indonesian maid who spent eight years in prison for allegedly killing her employer can return home next month after the Federal Court found her guilty of a reduced charge of causing grievous hurt.
This means she will be released as prisoners are let off for good behaviour after having served two-thirds of their sentence.
Herlina, 26, had initially been charged with the murder of Soon Lay Chuan at a house in Subang Jaya about 3pm on Aug 14, 2001.
Then Shah Alam High Court judge Datuk K.N. Segara sentenced her to death on Nov 11, 2004 after she was found guilty.
The prosecution appealed to reinstate the death sentence, while her counsel T. Vijayandran cross-appealed for an acquittal.
Federal Court judge Tan Sri Richard Malanjum said yesterday the court had found no evidence that Herlina had caused the death of the deceased after going through the notes of evidence and hearing submissions from the prosecution and defence.
"The severe head injuries that led to the death of the deceased could have been caused by a fall," he said.
Malanjum, who sat with Datuk Arifin Zakaria and Datuk Abdul Aziz Mohamad, said there was only circumstantial evidence that Herlina had caused injuries to the victim.
The court then reduced the charge to causing grievous hurt, which carries a maximum jail sentence of 20 years.
In mitigation, Vijayandran said the case had resulted from Herlina being battered, physically and mentally, by the deceased.
He pleaded for a lighter sentence because Herlina was a first-time offender.
By : V. Anbalagan
