KUALA LUMPUR: A former administrative assistant of a college was sentenced to a total of six years in prison and fined RM90,000 by the Sessions Court here Friday (Jan 19) after she was found guilty on charges of trafficking a 13-month-old baby boy and using forged documents to register the baby's birth four years ago.
Judge Azura Alwi meted out the punishments on Nurul Faizan Ahmad Asri, 40, after the defence failed to raise reasonable doubts against the prosecution’s case at the end of the defence case.
When reading out her brief judgment, Azura said there was a transfer of possession of the baby between the baby's biological mother and one of the witnesses who proved the essence of the case under Section 14 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.
"The defence by the accused that the transfer was intended to help the birth mother and that it did not involve money is just a denial.
"The denial by the accused that she did not know the contents of the envelope containing the fake documents to register the baby's birth is also a mere denial," said the judge.
On the first count, the woman was charged with trafficking the baby boy for exploitation, by transferring possession of the child in exchange for money at the Taman Desa Hospital, Jalan Klang Lama, here, at 5pm on Nov 5, 2020.
The charge was framed under Section 14 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2017 which is punishable with imprisonment for up to 20 years and a fine, upon conviction.
She was also charged with using as genuine a false National Registration Department (JPN) Birth Registration Form in the baby's name at JPN, Jalan Sri Hartamas 1, Off Jalan Dutamas, here, at 10.30am in November 2020.
The charge, framed under Section 471 of the Penal Code, provides a maximum prison sentence of seven years and a fine, upon conviction.
Nurul Faizan was sentenced to five years in prison and a fine of RM80,00, in default 24 months in prison, for the first charge, and a year in prison and a fine of RM10,000, in default three months in prison, for the second charge.
She was ordered to serve the jail sentences concurrently from Friday.
However, the court also allowed her application for a stay of the jail sentence pending an appeal at the High Court, but ordered her to pay the fine on Friday.
The prosecution was conducted by Deputy Public Prosecutors Iznina Hanim Hashim and Nadia Izhar, while the accused was represented by lawyers Ahmad Hafiz A Bakar and Marisha Dianah Md Darus. - Bernama
