IPOH: Two kindergarten teachers were charged at the Sessions Court here today with neglecting a child under their care, which ultimately led to the victim's drowning in April, two years ago.
S. P. Esther Christina, 60, and M. Manisah, 29, pleaded not guilty when the charge was jointly read before judge Azizah Ahmad.
According to the charge, they were accused of neglecting a 4-year-old boy, V. Thanes Nair, at a kindergarten in Bandar Baru Sri Klebang, Chemor, around 10.07am on April 17, 2023, without ensuring proper supervision and care.
The offence falls under Section 33(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, which carries a maximum penalty of a fine not exceeding RM20,000, imprisonment of up to five years, or both upon conviction.
Additionally, both the accused face a supplementary penalty of community service for no less than 36 hours and not exceeding 240 hours in aggregate, to be completed within six months from the date of the order, under conditions set by the court.
Deputy public prosecutor Mohamad Nazreen Zabarudin handled the prosecution, while the accused were represented by lawyers Gary Xavier and Jason Anthony.
Nazreen proposed bail of RM15,000 with one surety for each accused. However, the defence requested a reduction of RM2,500 for each accused.
Gary, representing Esther, appealed for RM2,500 bail, citing her recent brain cancer surgery and ongoing treatment. He added that she was set to retire next week and had attended all previous court proceedings.
Jason, representing Manisah, also requested RM2,500 bail, citing his client's monthly salary of RM1,900, with RM400 deducted by her employer for her Master's degree studies.
The court granted each accused bail of RM3,000 with one surety, with the additional condition that they must not interfere with prosecution witnesses until the case concludes.
The court set April 8 for mention.
Earlier, before today's proceedings, judge Azizah approved Gary's request to discharge Esther from a previous charge at another Sessions Court regarding Thanes Nair's death.
"Esther will be charged with the same offence. To proceed, the correct procedure is first to issue a DNAA (Discharge Not Amounting to Acquittal) for the previous charge, and this court will proceed after the prosecution discharges the case at the other court," she said.
On Jan 30, 2024, Esther pleaded not guilty to a charge of neglecting Thanes Nair by leaving him without proper supervision at The Centro Club swimming pool, Bandar Baru Sri Klebang, at 10.20am on April 17, 2023.
The boy reportedly died on April 23, 2023, six days after his admission to the Raja Permaisuri Bainun Hospital here.