Padawan mother gets three years’ jail for infanticide

KUCHING (Feb 23): The Sessions Court here has sentenced a 28-year-old woman to three years behind bars for causing the death of her newborn son.

Sessions Court Judge Musli Ab Hamid convicted Holinesilla Felly on her own guilty plea to a charge under Section 309A of the Penal Code, which is punishable under Section 309B of the same Code, for infanticide.

Section 309B, at the discretion of the court, carries a jail term of up to 20 years and a fine upon conviction.

The offence was committed at a house on Jalan Padawan at around 7am on Oct 27 last year.

Based on the facts of the case, Holinesilla presented herself at the Serian Hospital Emergency Unit seeking treatment for abdominal pain and vaginal bleeding, and she also reported suffering from “gastric pain”.

Upon examination, the attending medical officer found that her genital area showed the presence of placental tissue, consistent with a recent childbirth.

After further questioning and upon being pressed by the medical officer, she revealed that she had given birth to a baby boy on the morning of the incident.

Holinesilla informed the medical officer that the baby had been born lifeless.

As a result, she placed the baby in a backpack, which she left in her bedroom.

The medical officer estimated that the accused’s pregnancy was at full term, approximately between 37 and 39 weeks.

Holinesilla further stated that the baby was her first child and that she was unaware that she had been pregnant.

She also did not inform any family members regarding the birth or the incident.

Counsel Chan Shu Ping from the National Legal Aid Foundation called for a lenient sentence as Holinesilla is said to have experienced dizziness and had lost a significant amount of blood at the material time.

Consequently, she was said to be in a state of confusion and disorientation and did not know what course of action to take.

“She only noticed that the baby was unresponsive, did not cry, and showed no signs of movement,” said Chan.

Deputy public prosecutor Ruvinasini Pandian appeared for the prosecution.

infanticide Kuching Sessions Court Musli Ab Hamid onsite Ruvinasini Pandian