Kota Kinabalu: A 64-year-old woman who had abandoned a four-month-old baby while under her care which resulted in the death of the baby, was jailed five years.
Sessions Court Judge Hurman Hussain meted out the sentence to Chong Chau Ying on Tuesday after ruling that the prosecution had proven its case against her beyond reasonable doubt.
The court also ordered Chong to be placed on a bond of good behaviour for three years, with RM3,000 to be deposited, in default one year’s jail.
After serving the jail sentence, Chong was also ordered to undergo 36 hours of community service within six months, in default RM5,000.
Chong was convicted of causing a baby to be abandoned while under her care at Taman Sinar Baru, Jalan Damai, here, between noon and 1.30pm on Nov 11, 2022.
The offence under Section 31(1)(a) of the Child Act 2001 carries a fine of up to RM50,000, or a jail term of up to 20 years, or both, upon conviction.
During mitigation, counsel Artcules Wong, who represented Chong, asked for a minimum fine with no custodial sentence, saying it was Chong’s first offence.
Wong told the court that Chong was remorseful and that she has four children.
However, Deputy Public Prosecutor Fazriel Fardiansyah Abdul Kadir urged the court to impose a heavy sentence as it was a serious offence and not a mere case of oversight.
“This is not a momentary lapse. This is a case of gross neglect that resulted in the death of a four-month-old baby, a completely helpless and defenceless infant.
“The accused was not a stranger. She was a caregiver. She held herself out as a person capable of caring for infants. The parents of the baby, in good faith, entrusted their precious child to the accused for the very first time.
“That trust was betrayed in the most tragic way possible. When parents hand over their infant to a caregiver, they hand over their entire world.
“The accused had exclusive custody, control and responsibility over the child. With that responsibility comes a legal and moral duty of the highest order. The accused failed in that duty catastrophically,” said Fazriel.
He further submitted that Chong’s neglect did not result in minor injury but in the baby’s death by suffocation while under her sole care.
Fazriel also said Chong had delayed seeking help after the infant showed signs of distress.
“Instead of acting immediately, instead of calling emergency services, instead of rushing the baby for urgent medical attention, the accused waited nearly one hour before informing the parents.
“This delay demonstrates not mere negligence, but a shocking indifference to the urgency of a life-threatening situation. The accused had a duty to act immediately. She failed to do so,” he said.
Fazriel further submitted that the court must send a clear and uncompromising message that children, especially infants, must be protected at all costs.
An impact statement by the parents was also tendered in court, stating that their lives were totally changed after losing their baby, especially as both are doctors.
The parents said they have both been diagnosed with depression and Post-Traumatic Stress Disorder (PTSD).
They are dependent on psychiatric therapy and medication just to function, facing a cruel trade-off between emotional numbing and the raw agony of their loss.
“The very environment where we once saved lives, the hospital, is now a site of extreme triggers,” they said.
Meanwhile, Chong also applied for a stay of execution pending appeal against the decision to the High Court, but the court advised her to make a formal application together with the notice of appeal to be filed.
Six prosecution witnesses and three defence witnesses were called during the hearing.
