SEREMBAN: The Attorney General's Chambers (AGC) has rejected a second representation filed by a former babysitter charged with negligence leading to the death of a toddler in her care.
Deputy public prosecutor Ku Hayati Ku Haron informed Sessions judge N. Kanageswari of the AGC decision when the case came up for mention on Tuesday (Sept 23).
ALSO READ: Baby Syifaa’s death not accidental
"We received a representation from the defence but regretfully, we are not accepting their offer," she said.
A representation refers to a formal request made by a defendant or their legal counsel to the prosecution to review the original charge or reduce a criminal offence.
Khairunnisa Ahmad Damanhuri, 40, is charged with negligence leading to the death of 15-month-old Nour Rania Asyifaa Yuseri, or Baby Syifaa, at a nursery in Bandar Sri Sendayan at around 12.30pm on Feb 22, 2022.
The charge is framed under Section 31(1)(a) of the Child Act 2001, which states that any person responsible for the care of a child who abuses, neglects, abandons, or exposes the child in a way that is likely to cause physical or emotional injury, neglect or exposure, is committing an offence.
ALSO READ: Defence to file second appeal in trial of Baby Syifaa’s sitter
Offenders can be jailed up to 20 years or fined up to RM50,000, or both, upon conviction.
On May 29, the court was told that the AGC had rejected the first representation filed by the defence in February.
Judge Kanageswari then fixed March 2, 9 and 10 next year for trial.
In July last year, the Coroner’s Court ruled that the toddler’s death was due to compression of the neck.
Coroner Datin Surita Budin said the victim died after her neck became entangled in a cloth cradle.
The coroner had also found that the toddler’s death occurred after the victim was left unsupervised in a room for two hours.
