Court day: Esther Christina at the Sessions Court on a charge of neglecting a child under her care. — Bernama
IPOH: A kindergarten teacher was granted a discharge not amounting to an acquittal (DNAA) before being charged again at the Sessions Court here for leaving a child without reasonable supervision, which led to the boy’s death.
SP Esther Christina, 60, was granted the DNAA in a separate courtroom before being jointly charged with another kindergarten teacher, M. Manisah, 29, under Section 33(1)(a) of the Child Act.
Both pleaded not guilty to the charge before judge Azizah Ahmad yesterday.
The two accused were responsible for four-year-old V. Thanes Nair on April 17, 2023, when they allegedly left him unsupervised at a kindergarten in Sri Klebang.
The incident occurred at about 10.07am, resulting in the child falling into a swimming pool.
On April 23, 2023, the child’s mother accused the kindergarten’s management of negligence during a press conference.
The boy passed away at Hospital Raja Permaisuri Bainun seven days after the incident.
If convicted, the two accused could face a fine of up to RM20,000, a maximum prison sentence of five years, or both.
They may also be required to perform up to 240 hours of community service within six months.
This marks the second time Esther Christina has been granted a DNAA for the offence.
She was first charged in July 2023 at a Magistrate’s Court and claimed trial.
In January 2024, she was granted a DNAA due to jurisdictional issues, as the case fell under the Sessions Court.
During bail proceedings, lawyer Gary Xavier highlighted Esther Christina’s health issues, stating she had undergone brain tumour surgery and was undergoing treatment in Subang Jaya.
“She has been cooperative during previous proceedings and attended court since she was first charged,” he said, adding that the accused would be retiring next week.
As for Manisah, Gary noted her monthly salary of RM1,900, with RM500 deducted by her employer as she is also doing her Master’s programme. He explained her financial burden included supporting her ageing parents and upcoming wedding expenses.
Jason Anthony, also representing the accused, argued against the RM15,000 bail requested by deputy public prosecutor Mohamad Nazreen Zabarudin, stating it was too large a sum.
He proposed a reduced bail of RM2,500 each, emphasising that bail’s purpose is to ensure court attendance, not to penalise.
Azizah set bail at RM3,000 with one surety each and ordered both of the accused not to disturb witnesses.
The case is set for mention on Apr 8.
Lawyer R. Maran was on a watching brief for the victim’s family.
