Case dropped after menstrual blood deemed not noxious

An Indonesian domestic helper who was accused of putting her menstrual blood in her employer's food had charges against her dropped yesterday because the blood was deemed not noxious or poisonous.

A legal expert said the case had shown a loophole in the law and called for a change to protect people from having disgusting but not necessarily noxious substances served to them.

Prosecutors told Principal Magistrate Amanda Woodcock in Kwun Tong Court yesterday that they wanted to drop the charge against Indra Ningsih, 26, after seeking legal advice.

Ningsih had been charged with one count of administering poison or other destructive or noxious substance with intent to injure on April 14.

The court heard earlier that Ningsih had served her employer, a woman named Mok I-mui, food contaminated with menstrual blood. The incident happened in Ms Mok's19th-floor flat at Ocean Shores in Tiu Keng Leng.

According to the particulars of this charge, the prosecutor has to prove the defendant had unlawfully and maliciously administered a poison or other destructive or noxious thing with intent to injure, aggrieve, or annoy. The maximum penalty under this legislation is three years imprisonment.

However, outside court, the prosecutor said the case could not proceed as it could not be proved that menstrual blood was a destructive or noxious substance - an essential element of the charge. A forensic report had showed the food contained menstrual blood.