Nursery owner gets five years' jail for violently shaking baby

A child nursery owner was sentenced to five years' jail after the Magistrate's Court here Wednesday found her guilty of violently shaking a baby girl to the extent of causing the infant to experience bleeding in the brain and eyes three years ago.

Magistrate Mohd Nazri Omran also ordered Nurul Shahidatul Afzan Zainal, 32, to pay RM40,000 in compensation to the victim's family, or to serve another 12 months in jail if she failed to pay the compensation.

The court, however, allowed her lawyer Mohd Yusmadi Yusoff's application for a stay of execution over the jail sentence pending appeal at the High Court.

In his judgement, Mohd Nazri said after hearing the testimonies from 11 prosecution's witnesses and three defence's witnesses, the court was satisfied and found that the defence had failed to raise reasonable doubts on the prosecution's case.

"Therefore, the court finds the accused guilty as charged," he said.

Nurul Shahidatul Afzan, who also babysits at the nursery, was charged with abusing the baby girl, who was then three months old, by shaking her violently to the extent of causing her to sustain bleeding in the brain and eyes, at Pusat Jagaan Nur Kasih, Jalan USJ 1/4P, here at 5.23 pm on Feb 24, 2012.

She was charged under Section 31(1)(a) of the Child Act 2001, which carries a maximum jail term of 10 years or fine not exceeding RM20,000, or both, upon conviction.

Earlier, deputy public prosecutor Siti Fatimah Yahya asked the court to impose heavy penalty to the accused by taking into consideration the injuries sustained by the victim.

"As the result of the accused's action, the victim experienced bleeding in the brain and eyes, which had given a big impact to the victim and her family as she is no longer able to live as 'normal' as other children.

"The court should also take into account the fact that victim was a vulnerable victim. She was just three months old and to violently shake her fragile body was indeed a cruel action," she said.

Meanwhile, the victim's mother Siti Zahariah Zahari, 32, when giving the victim impact statement said her daughter was perfectly normal and healthy since birth.

However, after the incident, her daughter, who is now four, was suffering from occasional seizures which need medical attention, she said.

"Her right eye is badly damaged. She doesn't want to eat and I have to feed her only with Nestum cereal and milk. She is always afraid of being outside," said Siti Zahariah.