A former childcare worker has been sentenced to five years’ imprisonment by the Sessions Court here after being found guilty of negligence that caused the death of a three-month-old baby girl, Qaseh Aulia Faizul, three years ago.
Judge Dr Syahliza Warnoh delivered the ruling after concluding that the defence, representing Mulyati Kalim, 54, an Indonesian national, had failed to raise reasonable doubt at the end of the defence case.
The court ordered the sentence to take effect immediately from the date of conviction. In addition, Mulyati was directed to enter into a three-year good behaviour bond with two Malaysian sureties and a RM5,000 security deposit. She was also required to complete 120 hours of community service within six months.
Childcare-related negligence cases continue to highlight the critical importance of strict safety protocols in early childhood facilities. Such incidents often prompt renewed scrutiny over supervision standards and regulatory compliance across daycare centres nationwide.
In this case, the court heard that the accused, who had care responsibility over the infant, was found to have acted negligently at a childcare centre in Kota Damansara, Selangor, at about 9.40am on October 10, 2023, resulting in the baby’s death.
Prosecutors emphasised the severity of the offence, urging the court to impose a stern sentence to reflect the loss of life and serve as a deterrent to others. Meanwhile, the defence pleaded for leniency, citing that the accused was a first-time offender, had cooperated with authorities, and was supporting a family, including a husband earning a modest income as a security guard.
In mitigation, the defence also highlighted the accused’s personal circumstances, including financial hardship and family responsibilities, while seeking a reduced sentence. However, the court rejected the request for a postponement of imprisonment, stating there were no special circumstances warranting a stay under Section 311 of the Criminal Procedure Code.
The judge further noted that arguments raised regarding legal interpretations of “care” and “negligence” under the Child Act 2001 did not constitute grounds for exceptional consideration, as such interpretations depend on the facts of each case.
The court therefore ordered the sentence to be carried out immediately. Mulyati was charged under Section 31(1)(a) of the Child Act 2001, which carries a maximum penalty of a RM50,000 fine, imprisonment of up to 20 years, or both upon conviction.
