Hong Kong pair cleared of raping domestic helper, defence says man had one-night stand with worker that led to divorce
- Former part-time cook Chan Chim-tak, 48, and restaurant worker Lai Chi-san, 36, were accused by their helper of rape and paying her HK$150 in hush money
- Panel comprising four men and three women returns unanimous verdict clearing them of all charges
A divorced couple accused of conspiring to rape their domestic helper in Hong Kong were on Friday acquitted of the charge, after they contended that the male employer had a one-night stand with the worker, resulting in the pair’s separation.
Former part-time cook Chan Chim-tak, 48, and his ex-wife, restaurant worker Lai Chi-san, 36, earlier stood accused before a High Court jury of assaulting the helper in a high-rise flat at Hung Fuk Estate in Hung Shui Kiu, Yuen Long, on January 21, 2018.
The panel comprising four men and three women returned a unanimous verdict clearing the pair of all charges, comprising indecent assault, rape and attempted rape, as well as aiding and abetting rape, after less than four hours of closed-door deliberation.
Mr Justice Alex Lee Wan-tang observed that the acquittal was due to the quality of the evidence and had nothing to do with prosecutors’ performance in the trial.
Chan, now jobless, was accused of attempting to rape the then 30-year-old helper after Lai pulled her into the couple’s bedroom. The male employer was said to have raped the helper on the second attempt with Lai’s help.
The female defendant allegedly helped her husband become sexually aroused and groped the helper once during the assault.
It was revealed in Chan’s testimony that the couple were divorced.
In the trial earlier this month, Chan countered the allegations by saying he had paid HK$150 (US$19) for the worker to fulfil his carnal desires while his then wife was taking a shower.
The former cook confessed in the witness box that he enjoyed “playing with women” and had continued visiting brothels even though Lai had discovered his infidelity.
Chan claimed he became sexually stimulated that night after he and the helper “made eyes at” each other while he taught her how to prepare Chinese cuisine.
He invited the helper to his room and had sex with her during the 10 minutes Lai was in the bathroom, but was caught red-handed after she discovered the naked helper in the flat’s corridor.
“My wife came to me, slapped me in the face and gave the helper a scolding. I returned to my room. I wanted to run away,” Chan said with a smirk.
Lai, who did not testify, adopted Chan’s version of events. Her lawyer told the jury she was the real victim in the case for marrying “scum who knew no moral bounds”.
The court heard Lai filed for divorce three days after the incident.
Defence counsel had sought to undermine the helper’s credibility during cross-examination by pointing to inconsistencies in her evidence, such as her claim that she had screamed at the top of her voice during the rape without waking up the couple’s two children.
Chan’s lawyers suggested the helper had framed her employers in a bid to seek compensation from them as retaliation for their poor attitude towards her throughout her employment. The helper denied the allegation.
Married with two children in her native Philippines, the helper filed a personal injury claim in July last year against the ex-couple for damages arising from a breach of duty of care. The case had stalled pending the conclusion of the criminal proceedings.
