AGC says decision to charge teenage rape victim with murder based on transparent process

PETALING JAYA: The decision to charge a teenager who allegedly stabbed her newborn baby to death under Section 302 of the Penal Code for murder was made through a transparent process, says the Attorney-General’s Chamber (AGC).

In a statement Friday (Feb 18), the AGC also said the charge was not influenced by any inducement and was based on statements.

“After scrutinising the results of the investigation submitted, the state prosecutions director's office gave permission for charges against a child aged 14 years 11 months old under Section 302 of the Penal Code related to the death of the unborn baby.

“The charge was made based on the testimonies of witnesses and documentation as well as the testimonies of forensics officers and the confirmation of a pathologist that the dead baby was between 38 to 40 weeks old, weighing 2.49kg at birth with the umbilical cord cut by a sharp object and there were other injuries including one stab wound to the baby's body,” the statement read.

The teenager will be tried through a court process in accordance with the Child Act 2001 (Act 611) as the accused is a child as defined under the Act and if convicted, the child will be ordered to be detained under Section 97(2) of the same Act, the AGC added.

“However, the prosecution can still examine and review the results of the original charge under Section 302 of the Penal Code to other charges after taking into account additional developments including the results of the investigation into the rape of this child,” the AGC said.

The AGC added that the rape incident was only known after the teen was arrested, where a police report was lodged by her on Feb 8 and investigations are ongoing.

On Feb 8, Kemaman police chief Supt Hanyan Ramlan said a newborn was found dead, believed to have been stabbed by his teen mother.

Supt Hanyan said police had also identified the man believed to have raped the 15-year-old.

The girl is currently being investigated under Section 302 of the Penal Code for murder while the man is being sought for investigations under Section 376 of the Penal Code for rape.