A Filipino domestic helper alleged to be part of a sham marriage went free from court yesterday after the defence argued that under common law her husband could not testify against her.
Prosecutor Lily Yew applied to drop a conspiracy to defraud charge against Melba Valera, 30, and her two co-accused, police constable Jacob Kwok Keung, 31, and transport worker Ho Tin-on, 33.
The move was made after the defence applied to bar prosecution witness Chan Hor-pui from testifying that he promised to marry Ms Valera for $30,000 so she could stay in the SAR.
Ms Yew made an application to continue the prosecution against Kwok and Ho on another fraud offence, which allegedly took place between August and December 1997.
Defence barrister Joseph Tse had argued on Monday that under common law a person could not testify against a spouse unless under exceptional circumstances such as sexual harassment or assault.
Mr Chan, who has not been charged, was granted immunity from prosecution to testify in the District Court.
