The Malaysian Insight

A 15-YEAR-old girl who allegedly stabbed her new born baby to death was denied bail today by the Kemaman magistrate court.

Magistrate Tengku Eliana Tuan Kamaruzaman denyed the bail application did not give a reason, lawyer Nurainie Haziqah Shafii told The Malaysian Insight.

“We did the submission on behalf of the girl, the judge deliberated and ruled that bail was rejected,” Nurainie said.

The teenager is charged under section 302 of the penal code for murder. She was previously remanded for seven days to help investigations.

She had allegedly stabbed her newborn baby boy, who was reported to be the product of rape.

While murder is a non-bailable offence, section 388 of the criminal procedure code allows bail to be granted if the accused is underaged, a woman or sick.

“I cannot reveal her condition, but I saw her just now. We mentioned (to the court) that she needs psychiatric assessment and medical attention.”

The girl has been taken into police custody, but it is unclear where she will be held pending trial.

“I cannot reveal her whereabouts,” her lawyer said.

Nurianie said the lawyers had helped the minor to understand the gravity of the charges.

The lawyer said her client might be appealing the bail decision.

“We will decide soon.”

The girl’s mother was present in court today.

Last week, Kemaman police chief Supt Hanyan Ramlan said a man has been identified as the girl’s rapist.

Nurainie said a 20-year-old man has been detained by the police to help in investigations into statutory rape.

With regard to the charges under section 305, Nurainie said she brought up the issue highlighted by Parliamentary Special Select Committee on Women, Children and Social Development Azalina Othman that children should not be charged under section 305.

Azalina had said that the case should be classified under section 309A of the penal code for neonaticide.

“This might be a good point that we might appeal and plan and strategise for the next hearing.” – February 15, 2022.