Kemaman teen escapes death penalty, pleads guilty to infanticide

A Kemaman teen pleaded guilty to the infanticide of her newborn son two years ago, escaping the death sentence under a previous murder charge against her.

The 17-year-old made the plea to the alternative charge under Section 309A of the Penal Code, which was read out to her before the Kemaman Magistrates’ Court today.

Previously, the teen faced a murder charge under Section 302 of the Penal Code, which carries the mandatory death sentence.

However, the infanticide charge under Section 309A carries a maximum jail sentence of 20 years and a fine in relation to the death of the newborn boy in February 2022.

The teen’s lawyer Sangeet Kaur Deo today told Malaysiakini on the reduction of the criminal charge.

The lawyer explained that the teen is out on bail pending sentencing, which was set on May 9.

Sangeet added that the Magistrates’ Court also ordered a “laporan akhlak” (behaviour report) to be prepared for the sentencing of the teen.

Case of public interest

The teen came into the limelight in early 2022, following an initial failed bid to be released on bail pending the then-murder case, with the Court of Appeal allowing her to be released on bail in May 2022.

On Feb 15 of that same year, the teen was charged with murder before the Kemaman Magistrates’ Court in Terengganu.

According to a Malay Mail report, magistrate Tengku Eliana Kamaruzaman rejected the teenager’s plea to be released on bail.

Under Malaysian law, murder is a non-bailable offence, meaning that bail is only granted at the discretion of the court.

However, according to the teen’s lawyer, Nurainie Haziqah, Section 388 of the Criminal Procedure Code allows for exceptions to be made if the person charged is either sick, a minor, or a female.

“We had also submitted that this case is of great public interest and is widely reported by the media. The court could have set a (good) precedent,” she was quoted as saying.

The teen’s lawyers then filed the revision application against the lower court’s decision to refuse her bail.

Before her appearance before the Magistrates’ Court, the teenager was remanded for seven days in February to facilitate a police investigation.

The authorities were also looking for the girl’s 22-year-old boyfriend, who was believed to have raped her.

It was reported that the newborn was found dead on Feb 8, 2022, at the girl’s house in Felcra Sri Bandi in Chukai, Kemaman.

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