Former domestic worker Parti Liyani, who was acquitted last month of stealing from the family of prominent businessman Liew Mun Leong, has decided not to approach her former employer for compensation.
Instead, she is seeking compensation from the Attorney-General's Chambers (AGC) under a provision that caps the sum at $10,000, the High Court heard yesterday.
She made the decision despite suffering losses which her lawyer Anil Balchandani quantified at $71,000.
The sum includes her salary for four years and the expenses incurred by non-governmental group Humanitarian Organisation for Migration Economics (Home) in sheltering her since December 2016.
Mr Balchandani told Justice Chan Seng Onn that "a lot has transpired" since the judge acquitted Ms Parti, primarily that Mr Liew has resigned from his posts at the Changi Airport Group and Surbana Jurong.
"In regard to that, my client's instructions were not to add more to his problems," said the lawyer.
Under the Criminal Procedure Code, if an accused person is acquitted, and if it is proven that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant to pay up to $10,000 to the accused.
Justice Chan suggested that the parties try going for mediation, bearing in mind the limited sum Ms Parti can claim.
He noted that public funds are involved and the cost of a two or three-day hearing into the legal arguments, such as what amounts to "frivolous or vexatious", will come up to more than $10,000.
"Is it worth it? It doesn't seem so," said the judge, who suggested getting former attorneys-general as mediators.
Mr Balchandani said he understood that the threshold to prove the case is high, but his client was seeking "a nominal amount to show that something went wrong".
He added: "The appellant, who is now a free person, was wronged, and the AGC could be a little wiser the next time round."
Ms Parti was fired on Oct 28, 2016, and a police report was made against her two days later. She was arrested on Dec 2 when she returned to Singapore and has stayed at Home's shelter since then.
Yesterday, Justice Chan questioned Mr Balchandani on the $71,000 figure, which included $20 a day for her stay, making a total of $29,220.
The judge said the expenses incurred by Home cannot be considered a loss to Ms Parti.
Justice Chan also asked about money that was raised for Ms Parti through crowdfunding.
Mr Balchandani said one part of the $28,000 will go to her and another will go towards the expenses for her stay here.
The case was adjourned for parties to consider mediation. If the attempt fails, both sides will file their written submissions.
Last week, Chief Justice Sundaresh Menon allowed a disciplinary inquiry to proceed against the two prosecutors who handled Ms Parti's trial.
Law and Home Affairs Minister K. Shanmugam is expected to make a ministerial statement in Parliament next week to address questions that have been raised about the case.
