A 41-year-old housewife who starved, tortured and ultimately killed her domestic worker from Myanmar stared blankly into space after she was sentenced yesterday to 30 years in prison - the longest jail term meted out here in a maid abuse case.
In sentencing Gaiyathiri Murugayan, High Court judge See Kee Oon said: "Words cannot adequately describe the abject cruelty of the accused's appalling conduct."
He described the case as "among the worst cases of culpable homicide", noting that the victim endured agonising physical and psychological harm before she died.
The victim, 24-year-old Piang Ngaih Don, weighed 39kg when she started working for the family on May 28, 2015. She weighed just 24kg when she died on July 26, 2016, from the final assault.
However, Justice See was not persuaded to hand down a life term. "The sentence of the court is not and indeed should not be based on an overriding visceral sense of indignation," he said.
The judge said that while the sentence must "signal societal outrage and abhorrence", the fact that Gaiyathiri had psychiatric conditions that affected her judgment cannot be ignored.
Gaiyathiri was assessed to have had post-partum depression and obsessive compulsive personality disorder.
The judge noted that she had four previous domestic helpers who did not make any reports against her.
Gaiyathiri had pleaded guilty in February to 28 charges, the most serious being one for culpable homicide, for which she was handed 20 years' jail. The other charges were mostly hurt-related offences for abusing Ms Piang Ngaih Don.
Another 87 charges were taken into consideration.
The last case involving a maid who died from prolonged abuse was that of freelance tour guide Ng Hua Chye.
In 2002, the then 47-year-old was sentenced to 18½ years' jail and 12 strokes of the cane for starving and beating his maid for nine months till she died.
Ng had pleaded guilty to a charge of culpable homicide for killing 19-year-old Muawanatul Chasanah, for which he was handed 10 years' jail. He also pleaded guilty to four hurt-related charges, with another three taken into consideration.
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What the judge said
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These are some of Justice See Kee Oon's points as he sentenced Gaiyathiri Murugayan to 30 years' jail.
AMONG THE WORST CASES
On the horrific circumstances of the case: "Words cannot adequately describe the abject cruelty of the accused's appalling conduct.
"This is undoubtedly among the worst cases of culpable homicide.
"I would have had little hesitation imposing the life sentence but for the fact that the accused's mental disorders remain a relevant sentencing consideration."
THE APPROPRIATE SENTENCE
On the appropriate sentence for the culpable homicide charge under Section 304(a) of the Penal Code: "Notwithstanding the accused's psychiatric conditions, she was cognisant of her actions and purposeful in her conduct.
"She did not lack capacity to comprehend what she was doing. The overall picture before me leads me to conclude that an extended custodial sentence must be imposed. The sentence must signal clearly societal outrage and abhorrence of these offences.
"Though I am not persuaded that she is deserving of life imprisonment for the Section 304(a) charge, an extended sentence is neither crushing nor disproportionate to the gravity of the offences."
GAG ORDER REQUEST
On Gaiyathiri's request for a gag order : "I am unable to find any justification or legal basis for the gag order she has sought in order to protect her children from stigmatisation.
"Equally, the fact that there is media and public interest in this case does not constitute a valid reason for either a gag order or for a lighter sentence."
'RIGHTEOUS ANGER' ARGUMENT
On prosecutors' arguments that the court would be justified in imposing a life sentence to express the outrage felt by the community: "I view with some caution the prosecution's submission that the court's 'righteous anger' should be invoked as a reason to apply the full force of the law in sentencing.
"The court should of course not shy away from conveying the strongest disapprobation of offending conduct and expressing outrage on behalf of society in appropriate cases such as this.
"But emotiveness can impede full and fair consideration of all relevant factors. The sentence of the court is not and indeed should not be based on an overriding visceral sense of indignation."
At the time, culpable homicide carried up to 10 years' jail or a life term. Now, it carries up to 20 years' jail or a life term.
In sentencing arguments yesterday, defence counsel Joseph Chen sought a jail term of eight to nine years.
Mr Chen said his client was struggling to cope with her children's illnesses, which she believed were caused by the maid's poor hygiene.
Gaiyathiri's two children are now aged nine and six.
Mr Chen asked the court to place more weight on rehabilitation so that there would be a "healing effect" for Gaiyathiri and other mothers with post-partum depression.
He said his client was remorseful for what she had done and that she regretted that Ms Piang Ngaih Don had been unable to reach out for help.
He also sought a gag order on the publication of her name to protect her children from stigmatisation.
However, Deputy Public Prosecutor Mohamed Faizal Mohamed Abdul Kadir countered: "A mental disorder per se is not a free pass."
He noted that Gaiyathiri's condition was the reason the charge for killing the maid was reduced from murder. "This is a shocking case without parallel," said the DPP, who described Gaiyathiri's conduct as "cruel and heinous".
"The violence is a function of the accused viewing the victim as a lesser human being," said the prosecutor. He also said that Gaiyathiri was remorseful only about being caught and punished.
He sought at least 27 years' jail, if a life term was not imposed.
Mr Chen said a family member of Gaiyathiri's has asked him to file an appeal against the sentence.
The incidents in the last month of Ms Piang Ngaih Don's life were captured on surveillance cameras that Gaiyathiri and her then husband, Kevin Chelvam, a policeman, installed in their Bishan flat.
The couple finalised their divorce on Jan 13 last year.
The maid was assaulted almost daily, suffering punches and kicks, and blows from hard objects.
She was also deprived of food and rest, and made to shower with the toilet door open.
On the night of July 25, 2016, she was assaulted for being too slow in doing laundry.
Gaiyathiri continued assaulting her the next morning and choked her. A few hours later, a doctor pronounced her dead in the flat.
Chelvam, 42, was suspended from service in 2016. He and Gaiyathiri's mother, Prema S. Naraynasamy, 62, have also been charged. Their cases are pending.
In the wake of the case, the Government reviewed three key areas to ensure better protection for domestic workers. The Ministry of Manpower started a house visit scheme on April 5 to ensure maids' welfare.
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Victim's ordeal
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Ms Piang Ngaih Don was assaulted almost daily, and her hand was tied to a window grille while she slept on the floor for 12 nights. PHOTO: HELPING HANDS FOR MIGRANT WORKERS -
Domestic worker Piang Ngaih Don's ordeal in the last 35 days of her life was captured in footage from surveillance cameras installed in the Bishan flat of Gaiyathiri Murugayan.
The maid weighed 24kg when she died.
• She was assaulted almost daily and often several times a day by Gaiyathiri, or jointly by Gaiyathiri and her 62-year-old mother Prema S. Naraynasamy.
• Among other things, Gaiyathiri poured cold water on her, slapped her, pushed her, punched her, kicked her and stomped on her; hit her with various objects including a plastic bottle, a mop, a clothes hanger, a plate and a metal ladle; pulled her up from the ground by her hair, grabbed her hair and shook her violently; burned her on the face and hand with a hot iron; and strangled and choked her.
• Ms Piang Ngaih Don's meals often comprised sliced bread soaked in water, cold food from the refrigerator or some rice at night.
• She was allowed to sleep only five hours a night.
• She had to shower and relieve herself with the toilet door open while Gaiyathiri or Prema watched.
• She had to wear multiple layers of face masks while she did her chores.
• Her hand was tied to a window grille while she slept on the floor for 12 consecutive nights.
