From Hartini Zainudin
I refer to news articles dated March 3, 2022 with regard to the application by a 15-year-old girl in Terengganu to be released on bail.
She had been charged under Section 302 of the Penal Code for killing her newborn baby. If found guilty, she faces the death penalty.
The teenager had filed a review application against the decision by the Kemaman magistrates court on Feb 15, which did not allow her to be released on bail. The hearing on the appeal has been set for March 8.
You may not be aware that offenders under the age of 18 cannot be sentenced to death under Section 97 (2) of the Child Act 2001, and may be commuted to imprisonment for a period as determined by the Yang di-Pertuan Agong, Sultan or Yang Dipertua Negeri, depending on where the offence occurred.
This is a long long time to put a child away. This is a child who has been traumatised, sexually abused and punished with little or no counselling during her incarceration.
As the women, family and community development minister, have you been following this case?
I know there are many other more seemingly important issues that need your attention, but this child needs your support now.
She had been “tried” and condemned by some, including your deputy minister (who has since deleted her Instagram post) and charged with murder even before a full and proper psychological evaluation was done. She has also been held in a juvenile detention centre without regular access to her mother.
If she is found guilty, did you know that like other girls in prison, she would not have any access to education?
We can forget about access to Sekolah Integriti. Even if she did have access, we know she has learning difficulties, so studying and getting a degree like other children at the pleasure of the King, will be impossible.
I know this for a fact because I have worked for years supporting the young men who went to prison as children and who have come out as men. They have been in there for 17 or even 20 years. One has been in prison even longer and is still there.
The Attorney-General’s Chambers (AGC) in a statement said that it could still investigate and review the murder charge against the teenager who allegedly stabbed her baby to death, and replace it with another charge.
This was after taking into account additional developments, including the results of the investigation into the rape case involving the teenager.
This is great but right now, we have a bail hearing decision on Tuesday.
The physical, mental and emotional state of the teenager – who had just given birth – has undergone drastic changes, and requires due attention in addition to her mother’s support and guidance. She needs emotional and physical support now.
There is little fear of a flight risk. Many of us are willing to assist the mother and child in ensuring she complies with all the requirements which the court may decide to impose.
We can help raise funds, take turns in accompanying the child for any sessions or interviews. We can also help with her education, with respect to attending school, extra classes and anything else we need to do to comply with court rulings.
Can you please do your part and have the ministry and the social welfare department (JKM) stand by the child?
Also, it would be much appreciated if you could please support her appeal for bail on March 8. - FMT
Hartini Zainudin is the founder of Yayasan Chow Kit.
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.
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