Maid cleared of assaulting baby boy
An Indonesian domestic helper has been cleared of willfully assaulting a three-month-old boy under her care.
District Court Judge Bernard Whaley yesterday found 28-year-old Subiastutik, who uses one name, not guilty of a count of ill-treating the baby in April this year, noting that the prosecution relied on 'circumstantial evidence'.
Judge Whaley also rejected the prosecution case that the baby's brain injury was the result of shaken-baby syndrome. He agreed with the defence's expert witness that the brain injury could be the result of a 'minor and innocent incident'.
Subiastutik, who has previous experience as a domestic helper caring for children in Hong Kong, was hired in January by Wan Siu-wai and his wife to look after their three children - the three-month-old boy, his twin brother and his 18-month-old elder brother. She had pleaded not guilty to willfully assaulting the baby boy on April 7 while he was in her care.
Judge Whaley noted that it was understandable that the Wans suspected that their maid caused the baby's injury, given that they were so dissatisfied with her performance they fired her after less than three months. 'However suspicion was one thing, proof was quite another,' he said.
Judge Whaley said no one had claimed to have witnessed Subiastutik shake, assault or wilfully injure the baby. The baby had a fever on April 7 and was taken to Queen Elizabeth Hospital for treatment. A brain scan revealed that the baby suffered a brain haemorrhage. He was also found to have four bruises on his arms. Subsequently, an emergency operation was performed to relieve pressure on the brain. According to the prosecution, Eric Fu Chun-ho, who had examined the baby, concluded the brain injury and bruises were 'non-accidental', leading the doctor to suspect that this could be a case of shaken-baby syndrome.
But Gregory Wai kee-ho, the defence's expert witness, testified that in the absence of retina haemorrhage, the prosecution's conclusion was not conclusive.
