KOTA KINABALU: Two people who concealed the birth of a baby boy by burying his body were each fined RM4,000, in default three months' jail, by the magistrate's court here.
Mohd Aideed Husein, 30, and Rabiatul Adawiyah Lawrence, 28, pleaded guilty to a joint charge under Section 318 of the Penal Code before magistrate Stephanie Sherron Abbie.
The duo committed the offence on April 13 at 3pm at a cemetery in Kampung Likas, near here.
Under the law, burying or disposing a dead baby — whether the baby died before, after or during birth — or intentionally concealing or endeavouring to conceal the birth of a child is punishable by up to two years of jail, or a fine, or both.
According to the facts of the case, Rabiatul, who was suffering headaches and dizziness, went to Likas Hospital on April 16. Upon examination, she was found to have given birth very recently.
Rabiatul claimed to have given birth to a baby boy on April 13 in a village in Tuaran, but the baby died shortly after birth.
She claimed to have buried the baby with the help of her boyfriend, Aideed.
Rabiatul and Aideed were arrested after a police report was lodged.
During the investigation, Aideed admitted to helping Rabiatul with the birth and taking the baby to the Likas cemetery for burial.
In mitigation, both unrepresented accused asked for leniency.
Aideed told the court he is married and has five children.
When the court asked about his relationship with Rabiatul, Aideed said "friend". He also claimed that the baby died during birth.
Inspector Suzie @ Stephanie Kupit prosecuted.