PUTRAJAYA, Jan 6 — A child nursery owner was sent to jail for five years for child abuse after she lost in her final appeal against her conviction and jail sentence in the Court of Appeal.
Nurul Shahidatul Afzan Zainal, 37, who was on bail pending the appeal hearing, was ordered by the court to start her jail sentence from today.
A three-member bench led by Justice Datuk Abdul Karim Jalil dismissed Nurul Shahidatul’s appeal and upheld the decision of the Petaling Jaya Magistrate’s Court which found her guilty of violently shaking a three-month-old baby girl, causing the infant to experience bleeding in the brain and eyes.
She was also ordered by the Magistrate’s Court to pay RM40,000 in compensation to the victim’s family. She paid the compensation.
Nurul Shahidatul had appealed against the conviction and sentence to the High Court, which dismissed it on August 29, 2017, before filing her appeal to the Court of Appeal.
In his decision, Justice Abdul Karim, who presided with Justices Datuk Vazeer Alam Mydin Meera and Datuk Che Mohd Ruzima Ghazali, said the court found, from the overall evidence, all elements had been proven, including the intention to abuse the child by violently shaking her, causing the infant to suffer injuries.
He said the offence under Section 31(1)(a) of the Child Act 2001, is not strict liability, thus the element of mens rea (intention) must be proven.
Justice Abdul Karim said the court also found that there was sufficient evidence as a basis for the Magistrate to order Nurul Shahidatul to pay compensation under Section 426 (1) (a) of the Criminal Procedure Code.
Nurul Shahidatul was found guilty of abusing the child, then three-month-old, by violently shaking the girl at Pusat Jagaan Nur Kasih, Jalan USJ 1/4P, Petaling Jaya, at 5.23pm on February 24, 2012.
According to the facts of the case, Nurul Shaidatul tried to feed the child, but the infant refused and cried. Nurul Shahidatul then shook her violently until the child became unconscious.
Lawyer Ramkarpal Singh and Clement Ng Yen Han represented Nurul Shahidatul, while deputy public prosecutor Ku Hayati Ku Haron appeared for the prosecution.
— Bernama
