A Kemaman teen will have to remain under remand pending disposal of her murder case in court involving her newborn baby boy.
The Kuala Terengganu High Court today dismissed the 15-year-old girl’s bid to reverse the Kemaman Magistrate's Court's denial to grant her bail.
However, judge Hassan Abdul Ghani allowed part of the teen’s revision application, namely for her to be referred for psychiatric evaluation.
Her counsel, Sangeet Kaur Deo, said the High Court this afternoon denied their application for the teen to be released on bail.
“The revision (application) was allowed only in part, (namely) reference for psychiatric evaluation. Bail was not allowed,” Sangeet said.
“Among others, the (high) court said there was no error in the magistrate denying bail, as magistrates has no jurisdiction to grant bail in murder cases,” the defence counsel said when contacted this afternoon.
In relation to the wider implication of today's court outcome, Sangeet said the government needs to have a clear direction and policy for managing children who come into conflict with the law.
She said that the Attorney-General's Chambers and the police need to also explain why the teen was not sent for a psychiatric evaluation straight away prior to being charged at court.
"Mental evaluation at the time of the offence is critical to know her state of mind then (during the alleged offence).
"I must highlight here that she (teen) was an (alleged) victim of sexual exploitation," the lawyer said.
On what is next for her client, Sangeet said the teen is set to be referred to a government hospital for psychiatric evaluation per Section 342 of the Criminal Procedure Code (CPC).
“Under Section 342 of the CPC, the court must refer for psychiatric evaluation if they suspect (mental) instability,” the lawyer explained.
She added that the teen’s murder case is set for mention before the Kemaman Magistrate’s Court on March 16.
‘Court could have set good precedent’
It was reported that today was set for a court verdict on the girl’s bail bid.
On Feb 15, the teen, who allegedly stabbed her newborn boy to death earlier that month, was charged with murder at the Kemaman Magistrate's Court in Terengganu.
She was charged under Section 302 of the Penal Code, which carries the death penalty if convicted.
According to a Malay Mail report, magistrate Tengku Eliana Kamaruzaman rejected the teenager’s plea to be released on bail.
Under Malaysian law, Section 302 is a non-bailable offence, meaning that bail is only granted at the discretion of the court.
However, according to the teen’s lawyer, Nurainie Haziqah, Section 388 of the Criminal Procedure Code allows for exceptions to be made if the person charged is either sick, a minor or a female.
“We had also submitted that this case is of great public interest and is widely reported by the media. The court could have set a (good) precedent,” she was quoted as saying.
The teen’s lawyers then filed the revision application against the lower court’s decision to refuse her bail.
Prior to her appearance before the magistrate’s court, the teenager was remanded for seven days in February to facilitate a police investigation.
The authorities are also looking for the girl’s 20-year-old boyfriend, believed to have raped her.
It was reported that the newborn was found dead on Feb 8 at the girl’s house in Felcra Sri Bandi in Chukai, Kemaman.
The baby was believed to have been stabbed with a sharp object. - Mkini
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