Nursery owner loses final appeal, starts five years’ jail term for child abuse

non-Muslim Lyiana Roslee Duta Residensi marine police Zubairi Abdul Mutalib child abuse nursery owner Pusat Jagaan Nur Kasih police officers PDRM bribery ustaz sexual assault Jakel trading forfeiture suit MACC 1MDB J. Soosainmanicckam RMN MCMC The biological father of a five-year-old boy who died, believed to be a victim of child abuse, and the child’s stepmother, are in remand for seven days to facilitate a police investigation into the boy’s death.

PUTRAJAYA – A child nursery owner was sent to jail for five years for child abuse after she lost in her final appeal against her conviction and jail sentence in the Court of Appeal.

Nurul Shahidatul Afzan Zainal, 37, who was on bail pending the appeal hearing, was ordered by the court to start her jail sentence from today.

A three-member bench led by Justice Datuk Abdul Karim Jalil dismissed Nurul Shahidatul’s appeal and upheld the decision of the Petaling Jaya Magistrate’s Court which found her guilty of violently shaking a three-month-old baby girl, causing the infant to experience bleeding in the brain and eyes.

She was also ordered by the Magistrate’s Court to pay RM40,000 in compensation to the victim’s family. She paid the compensation.

Nurul Shahidatul had appealed against the conviction and sentence to the High Court, which dismissed it on Aug 29, 2017, before filing her appeal to the Court of Appeal.

In his decision, Justice Abdul Karim, who presided with Justices Datuk Vazeer Alam Mydin Meera and Datuk Che Mohd Ruzima Ghazali, said the court found,  from the overall evidence, all elements had been proven, including the intention to abuse the child by violently shaking her, causing the infant to suffer injuries.

He said the offence under Section 31(1)(a) of the Child Act 2001, is not strict liability, thus the element of mens rea (intention) must be proven.

Justice Abdul Karim said  the court also found that there was sufficient evidence as a basis for the Magistrate to order Nurul Shahidatul to pay compensation under Section 426 (1) (a) of the Criminal Procedure Code.

Nurul Shahidatul was found guilty of abusing the child, then three-months-old, by violently shaking the girl at Pusat Jagaan Nur Kasih, Jalan USJ 1/4P, Petaling Jaya, at 5.23 pm on Feb 24, 2012.

According to the facts of the case, Nurul Shaidatul tried to feed the child, but the infant did not want and cried. Nurul Shahidatul then shook her violently until the child became unconscious.

Lawyer Ramkarpal Singh and Clement Ng Yen Han represented Nurul Shahidatul, while deputy public prosecutor Ku Hayati Ku Haron appeared for the prosecution.



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