A TEENAGE girl who is facing a charge of killing her newborn son was allowed to be released on bail by the Court of Appeal today pending the completion of her trial.

A three-member panel, comprising judges Yaacob Md Sam, Ahmad Nasfy Yasin and Hashim Hamzah, allowed the girl bail of RM20,000 in one surety.

Yaacob said the bail will only take effect after the girl is released from psychiatric evaluation at Permai Hospital, Tampoi in Johor.

He said the 15-year-old and her bailor must report to the Chukai police station in Kemaman, Terengganu once a month before or on the 7th day of each month until the disposal of her case.

He said both must attend court, unless exempted by the court and the girl must not be taken out of the country without permission from the court.

He also said if there is an application for the girl to be taken out of the country, the application must be made in the court in which the charge was filed.

Before the hearing of the girl’s application for bail started, Yaacob made an order that the girl’s identity should not be disclosed.

The girl was charged in a magistrate’s court in Kemaman on February 15 with killing her baby at a house in Seri Bandi in Kemaman between 7am and 9am on February 8. 

She was, however, denied bail pending trial and her application to be referred for mental health evaluation was also rejected by the magistrate.

The teenager subsequently filed an application in the Terengganu High Court to review the magistrate’s decision.

The High Court on March 8, however, allowed part of the girl’s revision application by ordering for her to be referred for psychiatric evaluation.

She then filed a fresh application for bail in the Court of Appeal.

The girl was charged under section 302 of the penal code, which carries the death penalty if convicted.

However, 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 was committed.

On February 18, the Attorney General’s Chambers said in a statement that it could still investigate and review the murder charge against the teenager and replace it with another charge.

Earlier in the proceedings, lawyer Ramkarpal Singh said bail should be granted to the girl as she is a victim of statutory rape and sexual exploitation who needed protection.

Ramkarpal said there is no reasonable ground to believe that she committed murder, adding that at best, she might have committed infanticide under section 309A of the penal code, which carries a maximum 20 years’ jail sentence.

That section states that any woman who causes the death of her newly born child when her mental state is disturbed, is guilty of the offence of infanticide.

Ramkarpal, who was assisted by Sangeet Kaur Deo and Harshaan Zamani, said the girl is currently under psychiatric observation and the extended evaluation at the hospital will end on May 22.

Meanwhile, deputy public prosecutor Eyu Ghim Siang said it is in the girl’s best interest that she should be temporarily placed at a welfare home before her case is transferred to the High Court as the facilities provided by the home are suitable for the teenager and that bail should not be granted.

Sangeet told the court that the girl’s mother was not allowed access to her even when she was at the welfare home. – Bernama, May 13, 2022.