Melbourne couple who kept a grandmother as slave for eight years jailed for 'crime against humanity'
The court condemned Khandasamy (left) and Kumuthini Kannan (right) for their crimes.
(AAP: James Ross)
A Melbourne couple found guilty of secretly enslaving a woman in their suburban home for close to a decade have been jailed for their "crime against humanity".
Kandasamy and Kumuthini Kannan today appeared in Victoria's Supreme Court where they were convicted for subjugating the woman, which ultimately left her in hospital weighing just 40 kilograms.
Kumuthini Kannan, 53, was ordered to spend eight years behind bars.
Her husband, Kandasamy Kannan, 57, was ordered to serve six years.
It is the first time a case solely about slavery by domestic servitude has been aired in an Australian court and, prosecutors say, the longest period of enslavement the nation has ever seen.
But the court heard the couple still did not accept that they forced the Indian grandmother into servitude, and continued to "strenuously" profess their innocence.
The couple's legal team has already indicated that they may be preparing an appeal.
During a sentencing which was watched by almost 200 people, and which stretched to almost three hours, Justice John Champion took aim at the couple.
"Slavery is regarded as a crime against humanity," he said.
"Your offending occurred in the daily presence and with the obvious knowledge and comprehension of your children.
"You set them a deplorable example of how parents should act towards another human being.
"Her life was controlled largely in the privacy of your own home and care was taken by you to keep her true status from others in your community … so that your dirty secret was maintained.
"This court publicly condemns you both for your disgraceful conduct."
Justice Champion today branded the couple as "almost compulsive liars".
"The number and brazen quality of the lies has been nothing short of astonishing," he said.
"I'm quite convinced that you both believe you have done nothing wrong.
"Neither of you have shown remorse or contrition."
A Melbourne couple found guilty of secretly enslaving a woman in their suburban home for close to a decade have been jailed for their "crime against humanity".
Kandasamy and Kumuthini Kannan today appeared in Victoria's Supreme Court where they were convicted for subjugating the woman, which ultimately left her in hospital weighing just 40 kilograms.
Kumuthini Kannan, 53, was ordered to spend eight years behind bars.
Her husband, Kandasamy Kannan, 57, was ordered to serve six years.
It is the first time a case solely about slavery by domestic servitude has been aired in an Australian court and, prosecutors say, the longest period of enslavement the nation has ever seen.
But the court heard the couple still did not accept that they forced the Indian grandmother into servitude, and continued to "strenuously" profess their innocence.
The couple's legal team has already indicated that they may be preparing an appeal.
During a sentencing which was watched by almost 200 people, and which stretched to almost three hours, Justice John Champion took aim at the couple.
"Slavery is regarded as a crime against humanity," he said.
"Your offending occurred in the daily presence and with the obvious knowledge and comprehension of your children.
"You set them a deplorable example of how parents should act towards another human being.
"Her life was controlled largely in the privacy of your own home and care was taken by you to keep her true status from others in your community … so that your dirty secret was maintained.
"This court publicly condemns you both for your disgraceful conduct."
Justice Champion today branded the couple as "almost compulsive liars".
"The number and brazen quality of the lies has been nothing short of astonishing," he said.
"I'm quite convinced that you both believe you have done nothing wrong.
"Neither of you have shown remorse or contrition."
Kumuthini Kannan was sentenced to eight years in jail, the same amount of time she held a Tamil woman against her will in her Mount Waverley home.
(AAP: James Ross)
Kumuthini Kannan appeared in court from prison where she rocked back and forth during the hearing.
She put her hands to her face as her husband, Kandasamy Kannan, was sentenced.
He sat with his arms crossed and did not react.
The couple's victim, who cannot be named, originally came to Australia to work for them, and was able to return to India both times.
But on her third visit in 2007, she was enslaved by the Kannans and forced to cook, clean and care for the couple's children for eight years. She was effectively paid about $3.39 per day.
Prosecutors now want the court to order the couple to repay the woman for years of servitude.
Kumuthini Kannan appeared in court from prison where she rocked back and forth during the hearing.
She put her hands to her face as her husband, Kandasamy Kannan, was sentenced.
He sat with his arms crossed and did not react.
The couple's victim, who cannot be named, originally came to Australia to work for them, and was able to return to India both times.
But on her third visit in 2007, she was enslaved by the Kannans and forced to cook, clean and care for the couple's children for eight years. She was effectively paid about $3.39 per day.
Prosecutors now want the court to order the couple to repay the woman for years of servitude.
Victim was 'fading away', weighing 40 kilograms
Justice Champion said the woman allowed the couple to maintain their jobs and their lifestyle, including holidays overseas.
In 2015, the victim's family became increasingly concerned about her welfare and, when they were unable to contact her, Victoria Police conducted a welfare check.
But the officer who went to the Kannan's house was told by the couple that they had not seen her since 2007.
In reality, the woman had been admitted to hospital under a fake name after she collapsed and was found in a pool of her own urine.
"Mrs Kannan called triple-0 for assistance, but not before deciding to take your children to a school concert, leaving [the woman] on the bathroom floor," Justice Champion said.
"You told a litany of lies designed to mislead and distance yourself and your husband from the true circumstances of the person who had been admitted to hospital."
The woman had to be admitted to intensive care and later told authorities she was beaten with a frozen chicken and burned with boiling water.
"She was emaciated and weighed about 40 kilograms," Justice Champion said.
"She was described by a hospital doctor as fading away."
Couple considered slave a family member
The Supreme Court heard that the woman, who is now in her 60s, continues to suffer long-term health effects and will need a catheter for the rest of her life.
Since her release from hospital, she has been in an aged care facility in Melbourne.
Kandasamy Kannan received a shorter sentence than his wife, who was found more morally culpable.
(ABC News)
The court today heard that she had declined to make a victim impact statement.
But lawyers for the Kannans argued that the woman's claims about being physically abused could not be conclusively proven.
During a pre-sentence hearing, their legal team told the court that they considered the woman a family member, and that she was never shackled.
Justice Champion said the concept of slavery needed to be redefined.
"We must rid ourselves of ingrained images of rows of men chained together at the oars of a galley or men, women and children working in fields in bondage," he said.
"Slavery can be much more subtle than that, and may not involve physical restraint.
"It must be reaffirmed as that possessing or using a person in a condition of slavery is repugnant, degrading of the human condition, and a gross breach of human rights."
He said Kumuthini Kannan was more morally culpable for keeping the woman as a slave, compared to her husband who was more "at arm's length".
Kumuthini Kannan will be eligible for parole in four years.
Kandasamy Kannan can apply for parole in three years.
The court today heard that she had declined to make a victim impact statement.
But lawyers for the Kannans argued that the woman's claims about being physically abused could not be conclusively proven.
During a pre-sentence hearing, their legal team told the court that they considered the woman a family member, and that she was never shackled.
Justice Champion said the concept of slavery needed to be redefined.
"We must rid ourselves of ingrained images of rows of men chained together at the oars of a galley or men, women and children working in fields in bondage," he said.
"Slavery can be much more subtle than that, and may not involve physical restraint.
"It must be reaffirmed as that possessing or using a person in a condition of slavery is repugnant, degrading of the human condition, and a gross breach of human rights."
He said Kumuthini Kannan was more morally culpable for keeping the woman as a slave, compared to her husband who was more "at arm's length".
Kumuthini Kannan will be eligible for parole in four years.
Kandasamy Kannan can apply for parole in three years.
***
MALAYSIAN CASE:
We’ll continue to seek justice for Adelina, says Indonesian official after court decision
September 22, 2020 6:20 PM
We’ll continue to seek justice for Adelina, says Indonesian official after court decision
September 22, 2020 6:20 PM
Adelina Lisao was found dead outside her employer’s home in Penang, with her head and face swollen and covered in wounds in February 2018. (File pic)
PETALING JAYA: The consul-general of Indonesia in Penang expressed dissatisfaction with the decision of the Court of Appeal today to uphold the acquittal of Ambika MA Shan who was charged with murdering her Indonesian maid two years ago.
“We respect the decision of the Malaysian Court of Appeal but we are not pleased with the said decision, as it means that justice has not been served,” Bambang Suharto said in a statement to FMT.
Bambang said they would wait for the Attorney-General’s Chambers (AGC) to respond to the decision within 10 days.
“We believe the AGC shares the same vision to find justice for the late Adelina Lisao,” he said, referring to the deceased.
“The Indonesian government will continue its efforts to find justice for Adelina and her family.”
PETALING JAYA: The consul-general of Indonesia in Penang expressed dissatisfaction with the decision of the Court of Appeal today to uphold the acquittal of Ambika MA Shan who was charged with murdering her Indonesian maid two years ago.
“We respect the decision of the Malaysian Court of Appeal but we are not pleased with the said decision, as it means that justice has not been served,” Bambang Suharto said in a statement to FMT.
Bambang said they would wait for the Attorney-General’s Chambers (AGC) to respond to the decision within 10 days.
“We believe the AGC shares the same vision to find justice for the late Adelina Lisao,” he said, referring to the deceased.
“The Indonesian government will continue its efforts to find justice for Adelina and her family.”
Bambang Suharto.
Adelina was found dead outside her employer’s home in Penang, with her head and face swollen and covered in wounds in February 2018.
The case had triggered headlines and diplomatic tensions between Malaysia and Indonesia.
Ambika, her employer, was charged with murdering the 26-year-old domestic worker, who succumbed to multiple organ failure following the alleged abuse at their house in Bukit Mertajam.
On April 19, 2019, the High Court in Penang granted Ambika a full acquittal on the murder charge after the deputy public prosecutor requested a discharge not amounting to an acquittal.
Today, the Court of Appeal upheld the decision to acquit Ambika, after a three-member bench chaired by Yaacob Md Sam said there was no appealable error by trial judge Akhtar Tahir in setting her free under Section 254(3) of the Criminal Procedure Code (CPC).
“We are satisfied that the judge was right in exercising his power to acquit the accused,” he said in dismissing the prosecution’s appeal. Sitting with Yaacob were Abu Bakar Jais and Nordin Hassan.
Meanwhile, Tenaganita’s Glorene Das hoped prosecutors would charge Ambika again, but under Section 304A of the Penal Code.
Under Section 304A, individuals who cause the death of any person (by doing any rash or negligent act not amounting to culpable homicide) shall be punished with imprisonment for up to two years or fined, or both.
“Adelina was so brutally and severely abused that her body could only succumb to death. She was found with severe injuries on her head and face, and infected wounds on her hands and legs.
“Tenaganita strongly believes that the only efficient way to eliminate serious abuse and exploitation towards any person is for perpetrators to be prosecuted and jailed for a long period of time.
“We must put an end the climate of impunity afforded to employers or other perpetrators, who abuse, cheat, severely harm and even carry out acts that lead to the deaths of domestic workers, with little consequence to them.”
Alex Ong, an activist with Migrant CARE, said the acquittal of Ambika was a “miscarriage of justice”, as it was due to technical and procedural processes related to problems in the investigation.
Adrian Pereira, from the North South Initiative, said the decision showed Malaysia continued to have weak regulations and enforcement on the rights of domestic workers.
“Tragedies like this case will continue to happen. Malaysia clearly lacks the moral spine to fix this as the problem has existed for the past 30 years. We hope the government immediately comes up with legally enforceable regulations for domestic workers,” he said.
Adelina was found dead outside her employer’s home in Penang, with her head and face swollen and covered in wounds in February 2018.
The case had triggered headlines and diplomatic tensions between Malaysia and Indonesia.
Ambika, her employer, was charged with murdering the 26-year-old domestic worker, who succumbed to multiple organ failure following the alleged abuse at their house in Bukit Mertajam.
On April 19, 2019, the High Court in Penang granted Ambika a full acquittal on the murder charge after the deputy public prosecutor requested a discharge not amounting to an acquittal.
Today, the Court of Appeal upheld the decision to acquit Ambika, after a three-member bench chaired by Yaacob Md Sam said there was no appealable error by trial judge Akhtar Tahir in setting her free under Section 254(3) of the Criminal Procedure Code (CPC).
“We are satisfied that the judge was right in exercising his power to acquit the accused,” he said in dismissing the prosecution’s appeal. Sitting with Yaacob were Abu Bakar Jais and Nordin Hassan.
Meanwhile, Tenaganita’s Glorene Das hoped prosecutors would charge Ambika again, but under Section 304A of the Penal Code.
Under Section 304A, individuals who cause the death of any person (by doing any rash or negligent act not amounting to culpable homicide) shall be punished with imprisonment for up to two years or fined, or both.
“Adelina was so brutally and severely abused that her body could only succumb to death. She was found with severe injuries on her head and face, and infected wounds on her hands and legs.
“Tenaganita strongly believes that the only efficient way to eliminate serious abuse and exploitation towards any person is for perpetrators to be prosecuted and jailed for a long period of time.
“We must put an end the climate of impunity afforded to employers or other perpetrators, who abuse, cheat, severely harm and even carry out acts that lead to the deaths of domestic workers, with little consequence to them.”
Alex Ong, an activist with Migrant CARE, said the acquittal of Ambika was a “miscarriage of justice”, as it was due to technical and procedural processes related to problems in the investigation.
Adrian Pereira, from the North South Initiative, said the decision showed Malaysia continued to have weak regulations and enforcement on the rights of domestic workers.
“Tragedies like this case will continue to happen. Malaysia clearly lacks the moral spine to fix this as the problem has existed for the past 30 years. We hope the government immediately comes up with legally enforceable regulations for domestic workers,” he said.
It really is a sad reflection of society to have a murderer escape justice.
ReplyDeleteWhile not perfect, at least Singapore has prosecuted several employers successfully.
Do they have better investigators to avoid any procedural errors?