![[UPDATED] Ex-college student who pleaded guilty to infanticide faces sentencing on Aug 8](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2Fphoto_2025-07-25_14-18-49_1753424828.jpg&w=3840&q=100)
[UPDATED] Ex-college student who pleaded guilty to infanticide faces sentencing on Aug 8
Judge Rofiah Mohamad set the date after hearing arguments, including mitigation and a social behaviour report from the Welfare Department's Mohd Zahir Harun.
"This is not a simple case. The court needs more time to consider all the arguments to do justice.
"As such, the court sets Aug 8 for sentencing," she said today.
M. Santhiea, now 23, had on July 16, 2020, been charged with the murder of her newborn at the driveway leading to the fourth-floor parking lot of Sri Ivory Apartment in Air Itam at about 8.25am on July 10 the same year.
She was charged under Section 302 of the Penal Code, which carries the mandatory death penalty upon conviction.
She was only 18 at the time.
It was reported then that the newborn was thrown from the 13th floor of the apartment unit.
The teen mother and her 18-year-old boyfriend, with whom she admitted having had sexual intercourse, were detained soon after the incident to assist in investigations.
On May 29 this year, she pleaded guilty to an alternative charge of infanticide.
The charge was framed under Section 309A of the Penal Code, which states that a woman commits infanticide when she causes her newborn's death while suffering from a disturbed state of mind, having not fully recovered from childbirth.
The offence is punishable by up to 20 years' imprisonment and a fine upon conviction.
Deputy public prosecutor Nurul Khairiah Dahalaan prosecuted, while Santhiea was represented by a team of three counsels led by RSN Rayer.
Earlier during proceedings, Santhiea wept uncontrollably and was seen shivering when shown several photographs of the incident as the facts of the case were presented.
She had to be consoled by Rayer and later by her mother.
In mitigation, Rayer appealed for his client to be released on a bond of good behaviour.
He said the accused, 18 at the time of the incident, could be considered a young offender under the Criminal Procedure Code (CPC).
Under the law, he added, the court has the discretion to replace a jail sentence.
Rayer said his client had already been remanded for four months since July 2020 when she was initially charged with murder, a charge that carried the mandatory death penalty.
"Even at that time, my client and her family went through a living hell.
"They were ostracised by society.
"As such, I humbly appeal to the court to take all this into consideration and to temper justice with mercy," he said, adding that his client was also an excellent student in school.
Rayer also told the court that psychiatric evaluation conducted by Hospital Bahagia Ulu Kinta showed his client suffered from major depressive disorder with anguish and distress.
"What happened to my client was truly heartbreaking, something no 18-year-old should have to go through.
"She even considered ending her own life.
"It is our hope that she is given a second chance to start anew," he added.
Rayer also said that only his client was subjected to legal action, while her boyfriend was released without charge.
Meanwhile, Nurul Khairiah urged the court to impose a deterrent sentence due to the seriousness of the offence and in the interest of the public.
She said the accused had already been given the privilege of a reduced charge despite the gravity of the offence, and had been released on bail since January 2021.
"If the child had been given a chance to live, she would have been a cute five-year-old today," she said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Straits Times
2 hours ago
- New Straits Times
Unemployed man sentenced to death for murder of 3-year-old girl in Langkawi
KUALA LUMPUR : The Alor Setar High Court has sentenced an unemployed man to death for the murder of a three-year-old girl whose body was dumped in a forested area at Gunung Raya, Langkawi, six years ago. Justice Evawani Farisyta Mohammad meted out the sentence on Ramlan Abdul Rashid, 44, after finding him guilty of murdering Nur Aisyah Aleya Abdullah at a hospital staff quarters in Langkawi between 9 am and 10 am on Feb 23, 2019, under Section 302 of the Penal Code. In her written judgment, published on the judiciary's website on July 31, the judge said the victim died from injuries sustained after being beaten and abused by the accused over a prolonged period, an act the court regarded as a grave offence. "The accused showed no humanity when he disposed of the child's body in a forested area at Gunung Raya, Langkawi, without according it proper rites as required by religion. "The court also finds that the accused displayed neither remorse nor repentance throughout the trial," she said. She said evidence from a chemist confirmed that the skull and two teeth found in the said area belonged to the biological daughter of the complainant, who is also the victim's mother. "The victim was an innocent young child placed in the care of the accused, who, as an adult, should have protected her," she added. According to the prosecution's case, in November 2018, the victim's mother and her daughter moved into the staff quarters occupied by the accused and his wife, a nurse, and stayed there for about two months. During that period, the victim's mother left the child in the care of the accused daily while she worked at a food stall. In January 2019, the accused arranged for the complainant to stay at a hostel provided by her workplace, while the victim remained with him at the staff quarters. However, in Feb 2019, the victim's mother failed to locate her daughter during a visit to the accused's home and lodged a police report. The accused claimed he had entrusted the girl to another person but refused to disclose the individual's identity or whereabouts. Police interrogation led to the discovery of the victim's skull and two teeth in a forested area of Gunung Raya, Langkawi, in March 2019.
Daily Express
3 hours ago
- Daily Express
Many unanswered questions: Zara's mum
Published on: Saturday, August 02, 2025 Published on: Sat, Aug 02, 2025 Text Size: Noraidah showing a photo of her and Zara. Kota Kinabalu: Noraidah Lamat, mother of the late Zara Qairina Mahathir, has raised serious concerns over investigations into her death at the Papar school dormitory on July 17, highlighting the lack of a post-mortem and delays in police updates. 'Our client does not believe Zara took her own life. She believes there are criminal elements involved,' her counsel Hamid Ismail and Shahlan Jufri said in a statement. They revealed that Zara had confided to her mother about bullying by senior students, including one who allegedly said: 'If I touch you, you'll bleed.' The family claims to have received no updates from police between July 17 and 27 – silence spanning 10 days. 'This silence worries our client. It gives the impression that the police did not investigate the death,' they added. Police only issued a short statement on July 28, and on July 31, it was disclosed that 60 individuals had been called in for questioning. On July 30, Noraidah filed a supplementary police report in Sipitang urging a thorough probe and revealed that school authorities had advised her not to lodge a report. The lawyers also questioned the claim that Zara fell from the third floor noting her face showed no injuries, bruises, or wounds typically associated with a fall from such height. Despite these circumstances, no post-mortem was conducted before Zara was buried. The lawyers have since written to the State Attorney General's Office, urging an inquest under Section 339(1) of the Criminal Procedure Code and requesting Zara's body be exhumed to determine the true cause of death. Noraidah said she was in deep shock when her daughter died and agreed to proceed with the burial, unaware that an autopsy could or should have been requested. 'No one advised me to ask for one,' she said, adding that her grief clouded her ability to think clearly at the time. Noraidah said her daughter had previously reported being sexually harassed by a fellow student — a claim she said was addressed by school counsellors — and denied knowing whether bullying played a role in Zara's death. Zara was discovered around 3am on July 16 in critical condition beneath the hostel block. She was taken to Queen Elizabeth I Hospital in Kota Kinabalu, where she died the next day. Initial reports suggested she had fallen from the third floor. Noraidah said she and her husband rushed to the hospital after being informed of the fall by a school warden. 'At the emergency ward lobby, I was shocked to see so many officials — police, school administrators,' she recalled. She described Zara's face as uninjured when she saw her. 'The doctor and counsellor told me even if she survived, she would never be the same. 'Her brain was already damaged. I couldn't fully grasp what they were saying,' she was quoted as saying. Whatever the outcome of the post-mortem and investigation, Noraidah said, she is prepared to accept it — as long as it brings clarity. 'The pain will never go away,' she said. 'But I need to know the truth.' * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
The Sun
3 hours ago
- The Sun
‘Introduce diversion policy for children with minor violations'
PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) has urged the government to swiftly introduce a formal diversion policy for children in conflict with the law, following the high-profile case of a 14-year-old student remanded for assaulting a teacher. The student, who was reprimanded for skipping a physical education class, allegedly punched and threatened the teacher at a secondary school in Kajang. A video of the incident has since been widely shared on social media, sparking public outrage and renewed debate over juvenile justice. While condemning the violence and affirming support for the teacher, Suhakam Children's Commissioner Dr Farah Nini Dusuki stressed the importance of responding to such cases in ways that uphold a child's dignity, rights and potential for rehabilitation. 'Violence in any form is unacceptable. 'Every teacher and student has the right to a safe learning environment,' she said in a statement. 'But children, no matter the offence, are still entitled to protection under the Child Act 2001 and the Convention on the Rights of the Child.' Farah Nini called for a diversion mechanism that redirects minors accused of non-violent or minor offences away from the criminal justice system, and into community-based programmes focused on education, counselling and behavioural support. 'This isn't about avoiding accountability – it's about moving towards a system of restorative justice that is proven to be more effective and humane,' she said. 'Without this, we risk criminalising children and exposing them to lifelong stigma, rather than addressing root causes like trauma, neglect or mental health challenges.' She also reminded media outlets and the public that Section 15 of the Child Act prohibits revealing any identifying details of children involved in legal proceedings, warning that public speculation and vilification may breach the law and further harm the child. The 14-year-old student pleaded guilty in the Magistrates' Court on July 30 to a charge under Section 323 of the Penal Code for voluntarily causing hurt. Sentencing is scheduled for Sept 11, pending a social report from the Welfare Department. Suhakam said the incident should serve as a wake-up call for systemic reform in schools, urging the Education Ministry and administrators to strengthen proactive behavioural support systems, ensure access to mental health services and equip teachers with conflict resolution tools. 'The question is whether schools are prepared to deal with emotional and behavioural issues before they escalate,' said Farah Nini. 'We must invest in preventive, child-centred approaches that serve the best interests of all parties – students, teachers and the wider community.' Kajang police confirmed that the student had struck the 29-year-old teacher and issued threats in front of witnesses. A report was filed later that evening, leading to the student's arrest and two-day remand.
