IPOH - A former nursery school teacher S. Esther Christina, was charged again in the Sessions Court here today with negligence that led to the child's drowning in April last year.
S. Esther Christina, 59, maintained her not guilty plea after the charge was read out to her before Judge Ainul Shahrin Mohamad.
Earlier, on July 12 last year, she had been charged with the same offence in the Magistrate's Court.
According to the charge, Esther Christina who had custody of V. Thanes Nair, 4, was alleged to have left the child without supervision and care for an unreasonable period of time.
The offence was allegedly committed at the Centro Club swimming pool in Bandar Baru Sri Klebang at 10.20am on April 17, 2023.
The charge framed under Section 33(1)(a) of the Child Act 2001, provides a maximum fine of RM20,000 or imprisonment of up to five years, or both, upon conviction.
Deputy public prosecutor Evangelin Simon Silvaraj offered bail of RM15,000 with the additional conditions, that the accused refrain from approaching the victim's family or witnesses and to report to the police station once every month.
Lawyer Gary Xavier representing the accused, urged that the bail be maintained at RM2,500 as before, with one surety, on the grounds that the accused, who underwent brain cancer surgery, is currently receiving follow-up treatment and taking anti-seizure medication. In addition the accused who is now unemployed is supporting her 80-year-old mother and has given her cooperation during the investigation.
The court later allowed bail of RM5,000 with one surety and fixed March 21 for remention.
Previously, at the Magistrate's Court here, Esther Christina was given a discharge not amounting to acquittal after Magistrate Siti Nora Sharif granted the prosecution's request before the case was brought to the Sessions Court.
The child reportedly died on April 23, 2023, after six days of battling for his life at Raja Permaisuri Bainun Hospital in Ipoh. - BERNAMA