JOHOR BAHRU - A babysitter at a daycare centre was fined RM40,000 by the Sessions Court for negligence that could have resulted in physical harm to two infants in March.
The sentence was handed down by judge Datuk Che Wan Zaidi Che Wan Ibrahim to the accused, Nurul Shahira A'shiqin Sulaiman, 28, after she pleaded guilty to the two charges on May 21.
Che Wan Zaidi imposed RM20,000 fine for each charge and ordered for the accused to serve a five-month jail term for each charge if she fails to pay the fine.
Other than that, the judge issued a two-year good behavior bond with unsecured bail of RM20,000 for each charge and 100 hours of community service for both charges within six months from the date of conviction.
Before handing down the sentence, Che Wan Zaidi said while the accused's actions did not result in physical harm to the two infants, they should have been cared for with love and affection due to their tender age.
"You were entrusted as a caretaker at the daycare centre, but you were found to be negligent and acted inappropriately towards the vulnerable infants.
"In this case, the court must impose an appropriate punishment for your actions that should serve as a lesson for you to become a better person in the future," he said.
According to the charge sheets, the accused, who was responsible for caring for an 11-month-old baby girl and a nine-month-old baby boy, was charged with negligence that could have resulted in physical harm to the babies.
The offences were committed at Jalan Utama 34, Taman Mutiara Rini, here, at around 1pm in March.
Both offences were framed under Section 31(1)(a) of the Child Act 2001, which carries a fine of up to RM50,000 or a maximum imprisonment term not exceeding 20 years, or both, if convicted.
In addition, the accused could be placed under a good behavior bond and perform 160 hours of community service monitored by the Department of Social Welfare (JKM) for six months.
Earlier, lawyer Syufri A Samad who represented the accused requested for a lighter sentence on the grounds that his client had pleaded guilty on the first day she was charged, thereby saving court costs and time.
"The accused is married with no children and not employed due to this case. Her husband, who only earns RM2,000 a month working in a factory now has to support her fully.
"This is the accused's first offence and she showed remorse for her actions. She has also faced public criticisms due to the extensive media coverage of this case that has made her more conscious of controlling her emotions in all her actions," he said.
Meanwhile, deputy public prosecutor Nurul Syafiqah Sha'ari urged the court to consider the importance of public interest over the accused's personal interests.
"The infants involved are unable to defend themselves and are entirely dependent on caregivers or adult guardian.
"The accused was entrusted by the parents to care for their children. We request an appropriate punishment as a lesson not only for the accused but also for other caregivers," she said.
On May 15, two videos of 48 seconds and 39 seconds respectively went viral on social media displaying the accused assaulting a baby.
The woman's actions angered netizens after she was seen hitting a crying baby on the head.
In another video, it showed her blowing on the baby's face causing the infant to struggle to breathe.