GEORGE TOWN: The High Court here has postponed the sentencing of a woman who was charged with murdering her newborn daughter five years ago to August 8.
Judge Rofiah Mohamad set the new date to deliver the verdict in the case against M. Santhiea, 23.
She said the decision was to allow the court time to review the social report submitted by the northeast social welfare department community service officer Mohd Zahir Harun, the prosecution's argument and the defence team's plea.
"After hearing the plea, the accused’s social report and the prosecution's arguments, the court finds it very difficult to decide this case.
"Therefore, the court needs more time to thoroughly examine all aspects, the social report, the defence's plea, and the prosecution's arguments, before delivering a verdict.
"As such, I set August 8 for the court to reconvene for the final decision," she said on Friday (July 25).
Earlier, the court was briefly adjourned when the accused became overwhelmed with emotion after being shown photos of the baby and case exhibits.
The accused was seen crying and had to be comforted by her lawyer, RSN Rayer, and her mother.
The court resumed proceedings once the accused had calmed down.
Rayer, in his mitigation, said that at the time of the incident, the accused was 18 years old and a student at a private college.
"She was remanded for four months in prison, and that experience has been a significant lesson for both her and her family," he said.
Rayer said during the incident, the accused had attempted to take her own life after the birth as she was afraid to face her family, particularly her parents," he said.
Rayer also requested that the court substitute the prison sentence with a good behaviour bond, considering the accused is a young offender who has already endured 'living in hell' due to her actions.
Meanwhile, deputy public prosecutor Nurul Khairiah Dahalaan stated that the case involved the murder of who was tragically killed after being thrown from a height.
"The baby was confirmed to be alive at birth. In assessing this case, the prosecution wishes to emphasise that public interest must take precedence, especially given that the victim was an infant who had no voice and no means to defend herself.
"Therefore, the sentence handed down must reflect the severity of the offence, serving as a lesson and warning to the public, and as a deterrent to prevent such acts from being repeated by others," she argued.
She said the court must examine the cause of the baby’s death as well as the contributing factors in this case.
"The accused was found to have disposed of the baby in an inhumane manner by throwing the newborn from a building. Had the baby been allowed to live, she would be five years old today," she said.
In May this year, the accused pleaded guilty at the High Court here to an alternative charge of throwing her baby out of the window of her apartment building. She was 18 at the time and had just given birth.
The alternative charge was framed under Section 309A of the Penal Code, which considers the mental disturbance of women who have recently given birth.
