SINGAPORE – The High Court judge, who acquitted former domestic worker Parti Liyani last year of stealing from her employer, on Monday (June 21) dismissed her application seeking compensation of $10,000 from the Attorney-General’s Chambers (AGC).
Ms Parti is the first person to make an application for compensation under Section 359(3) of the Criminal Procedure Code.
The provision, which was introduced in 2010, states that if an accused is acquitted of any charge and if the court is satisfied that the prosecution was frivolous or vexatious, the court may order a compensation sum of up to $10,000.
Ms Parti was originally accused of stealing more than $50,000 worth of items from the family of prominent businessman Liew Mun Leong.
She was found guilty by a district court and sentenced to 26 months in jail, but was acquitted by High Court judge Chan Seng Onn in September last year on appeal.
On Monday, Justice Chan said Ms Parti has not succeeded in proving, on a balance of probabilities, that the prosecution against her was frivolous or vexatious.
He noted that in Singapore’s criminal justice system, it is not the case that an acquitted person is entitled as of right to compensation.
He also noted that a prosecution does not become frivolous or vexatious just because the conduct of prosecutors was unacceptable.