IPOH: Two kindergarten teachers have been jointly charged at the Sessions Court here for leaving a boy without reasonable supervision, which led to his death after falling into a swimming pool in April 2023.
SP Esther Christina, 60, and M. Manisah, 29, pleaded not guilty and claimed trial after the charge under Section 33(1)(a) of the Child Act was read before judge Azizah Ahmad on Tuesday (Jan 7).
Both the accused, as the persons responsible at the time for four-year-old V. Thanes Nair, were said to have left him without proper supervision at a kindergarten in Sri Klebang on April 17, 2023, at about 10.07am.
If found guilty, they can be fined up to RM20,000 or a maximum five years in jail or both.
Additionally, they would also need to perform community services for up to 240 hours in aggregate within a period of six months.
Before the proceedings, Esther Christina was granted a discharge not amounting to an acquittal (DNAA) to a similar negligence charge at a different courtroom.
Esther Christina was first charged and claimed trial at a Magistrate's Court in July 2023 for the offence.
In January last year, she was granted a DNAA for the charge because it was under the jurisdiction of the Sessions Court before being charged again under the same Act.
On April 23, 2023, the mother of the child had alleged during a press conference that the kindergarten’s management had been negligent.
The boy had died at Hospital Raja Permaisuri Bainun about seven days later after being admitted on the day of the incident.
While pleading for a lower bail for his clients, lawyer Gary Xavier said Esther Christina is seeking treatment at a medical facility in Subang Jaya, having previously underwent a brain tumour surgery.
"She has been cooperative during previous proceedings and attended court since she was first charged," he said.
As for Manisah, Gary said her monthly salary was about RM1,900.
"She is furthering her studies in a Masters programme and her employer deducts RM500 for it every month, so her take home pay is about RM1,400.
"She has been cooperative during the police investigation," he said, adding that she also needs to look after her aging parents.
"She is also getting married next month, so it will add up to her expenditures," he added.
Azizah set bail at RM3,000 with one surety each, and ordered both to not disturb the witnesses until the case is settled.
She also set April 8 for mention.
Deputy Public Prosecutor Mohamad Nazreen Zabarudin prosecuted.
Lawyer R. Maran was on watching brief for the victim's family.
