PETALING JAYA: The Sessions Court here has sentenced a former babysitter to five years' imprisonment after finding her guilty of negligence that led to the death of an infant at a nursery three years ago.
Judge Dr Syahliza Warnoh handed down the sentence on Indonesian national Mulyati Kalim, 54, after ruling that the defence had failed to raise a reasonable doubt at the end of the case.
"After hearing the testimony of both defence and prosecution witnesses and examining the submissions from both sides, the court finds that the defence failed to raise any reasonable doubt," the judge said.
The court ordered Mulyati to begin serving her sentence immediately. She is also required to execute a good behaviour bond for three years with two local sureties and RM5,000 in security.
She is also required to complete 120 hours of community service within six months after finishing her prison term.
Her application for a stay of execution of the sentence was dismissed, and she was ordered to serve her sentence at Kajang Prison.
According to the charge, Mulyati, who had custody of the baby, Qaseh Aulia Faizul, aged two months and 26 days at the time, acted negligently, resulting in the child's death.
The offence was committed at a nursery in Kota Damansara at about 9.40am on Oct 10, 2023.
She was charged under Section 31(1)(a) of the Child Act 2001, which provides imprisonment for up to 20 years, a fine of up to RM50,000, or both upon conviction.
Earlier, defence counsel Badrul Munir Bukhari pleaded for a non-custodial sentence, citing his client's family responsibilities and remorse.
However, Deputy Public Prosecutor Ahmad Loqman Hakim Ahmad Khaire urged the court to impose a deterrent sentence, stressing that the negligence had resulted in the loss of a life.
"The victim's parents waited five years for her birth. This incident has caused them immense loss," he said.
Outside the court, the child's father, Faizul Ali Adam, 36, said the decision should serve as a reminder to childcare providers to prioritise safety.
"While this sentence cannot bring our child back, it offers some measure of relief and serves as a lesson to the community. We seek justice, not revenge," he said.
The child's mother, Maisarah Rosli, 36, said she respected the court's ruling but acknowledged that the pain of losing her child remains.
"I hope no other parent has to go through what we experienced. It has been three years, yet the loss is still deeply felt," she said. - Bernama
