The accused being led out from the courthouse in Kota Kinabalu.
KOTA KINABALU: A 27-year-old kindergarten teacher who was caught on video two weeks ago abusing a four-year-old pupil under her care has been sentenced to a year’s jail and a RM10,000 fine here on Wednesday (Aug 23).
Melona Eva Ezwa Musah pleaded guilty before Sessions Court judge Amir Shah Amir Hassan, who also instructed the accused to be placed under a bond of good behaviour for two years on completion of her imprisonment.
The court set RM2,000 with one surety for the bond.
The court also ordered for Melona to spend another year behind bars if she failed to settle the fine.
She was charged under Section 31(1)(a) of the Child's Act 2001 read together with Section 31(2) of the same Act that provides a maximum of 20 years jail or a fine up to RM50,000, or both, upon conviction.
Melona nodded as she said "akun" when pleading guilty to physically abusing the boy at Tadika Srikandi Penampang near here between 9am and 10am on Aug 8.
Earlier, the prosecution led by deputy public prosecutor Dacia Jane Romanus pushed for severe punishment as she tendered the closed circuit television (CCTV) recording of the accused assaulting the child intentionally as evidence.
As the class teacher, Romanus said, the accused was trusted not only by the parents of the victim but also the school authority to take care of children in the kindergarten.
She added that the court should also consider public interest and the effect of the incident on the victim, his parents and also other parents out there.
Counsels Hairul Vaiyron Othman and Luke Ressa Balang, who represented the accused, had in turn shown in court CCTV footage of the boy’s parents attacking the accused and urged the court to impose a lenient sentence as their client was repentant as she had pleaded guilty.
But Romanus said those were separate events altogether, adding those incidents were still under police investigation.
"At this juncture, we submit that the said incident occurred after the parents found out what happened to their only son," she said.
She said the accused had instead constantly denied to the child’s parents of committing the offence only until the recording was shown to them.
"Even in the videos submitted by the defence, she said, the mother was there to stop the father, but back then, during the event when the accused hit, slapped, punched, kicked a four-year-old boy, no one stopped her.
"She (the accused) did not even stop herself and kept going. While it is understandable that the parents had all their reasons as to why they raged and acted in such a way, it is not the same for the accused.
"There are no valid, acceptable reasons as to why she committed such a crime to an innocent child," said Romanus.
In mitigation, Balang told the court that Melona was remorseful and promised to make up for her mistakes.
He added she had to care for her parents, adding Melona had already been punished through the humiliation she suffered from the viral video in social media as well as anxiety from the charges brought against her.
He also said that she was a first-time offender and should be given a second chance, especially after she took full responsibility for her mistakes by pleading guilty.
According to facts of the case tendered to court, the mother was told by the boy that he was beaten, slapped and his hair pulled by the accused and this caused him pain all over his face, head, and body.
On being quizzed by the mother on her son’s injuries, the kindergarten teachers claimed that it could have been hurt while playing with his friends.
The accused had also repeatedly denied hurting the child when confronted by the mother.
Still not happy, the mother and her husband then asked the kindergarten to show them the CCTV footage, which led to the discovery of the abuse.
The accused could be clearly seen in the clip, which was played in open court, repeatedly assaulting the child in front of other children using various objects, including a school bag and ruler.
