KAJANG: A child care centre staff accused of causing physical hurt to a 17-month-old toddler had the charge against her read out thrice at the Sessions Court today.
This was after Nor A'in Ismail, 24, who is pregnant, said she understood the charge but hesitated when the court interpreter asked her to enter plea after it was read out before judge Mazuliana Abdul Rashid.
Nor A'in, who stood in the dock, looked lost and paused for some time and this led to her counsel Davey Wan Guan Hui to ask the court for a brief stand down to enable him to explain the charge to her outside the court room.
It was only on the third time the charge was read out that Nor A'in said she understood and pleaded guilty to the charge framed under Section 31 (1)(a) of the Child Act 2001.
She was accused of deliberately exposing the child aged one year and five months, who was under her care, in a way that could cause physical hurt.
She committed the offence at about 4.15pm on May 28 at the child care centre in Bandar Mahkota Cheras.
It carries a maximum fine of RM50,000 or jail not more than 20 years or both.
Section 31(2) of the Act stipulated that the court, shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence to execute a bond with sureties to be of good behaviour for such period as the court thinks fit and to perform community service.
Deputy public prosecutor Faelly Jeffrey Lanjungan urged the court to set bail at RM20,000 with one surety.
As additional conditions, she asked for the accused not to harass the victim's family and to report to the nearest police station monthly.
She asked the court to set a mention date pending a medical report.
In mitigation, Wan pleaded for a minimum bail as his client has no past offences.
"Her family is here to ensure her attendance in future proceedings. There is also no risk for her to abscond," he said.
The court set bail at RM8,000 with one surety and allowed the prosecution's applications.
July 2 was set for mention pending the medical as well as forensic reports.
Separately, at the magistrate's court, the owner of the child care centre, Chan Pei Kuan, 34, was fined RM3,500 for operating the premises without license.
Magistrate Nik Siti Norazlini Nik Mohamed Faiz ordered Chan to serve a month in jail if she failed to pay the fine.
Chan was charged with operating the child care centre which was not registered under the Child Care Centre Act 1984.
The offence framed under Section 6(1) of the Act punishable under Section 6(2) provides a maximum fine of RM10,000 or jail not more than two years or both if convicted.
Deputy public prosecutor Norfarhanim Abdul Halim urged the court to impose a maximum penalty to serve a lesson to others.
She said this was because there were many such premises operating without license in Selangor.
In mitigation, Wan said Chan had applied for a license in January but it was pending approval and she regretted her move to operate the child care centre anyway.
On June 3, a mother claimed her 17-month-old toddler was not only force-fed but also had her hair pulled by a babysitter at a privately-run childcare centre in Bandar Mahkota Cheras.
The mother, 32, said she discovered her daughter had been abused when she received several video recordings and pictures of the alleged incident via WhatsApp from a former employee of the centre on May 28.
The situation became more alarming as she was told that other children sent to the centre had also suffered similar ordeals endured by her daughter.
"In the recording, a woman, believed to be the babysitter, can be seen forcefully stuffing food into my child's mouth, causing her to cry.
"What is more shocking is that the former employee claimed that the babysitter also pulled my child's hair until it broke off.