IPOH: A former kindergarten teacher who was granted a discharge not amounting to an acquittal (DNAA) for negligence that led to the death of a four-year-old boy has been charged again on Tuesday (Jan 30).
SP Esther Christina, 59, was earlier charged at the Magistrate’s Court here in July last year but was granted a DNAA by Magistrate Siti Nora Sharif.
However, the charge under Section 33(1)(a) of the Child Act 2001 falls under the jurisdiction of the Sessions Court.
Esther Christina claimed trial and pleaded not guilty before Sessions Court judge Ainul Shahrin Mohamad today.
As the person responsible for the boy at the time, Esther Christina allegedly left him without supervision for an unreasonable period at a swimming pool in Bandar Baru Sri Klebang at about 10.20am on April 17.
If found guilty, she could be jailed for up to five years, fined not more than RM20,000 or both.
On April 23, the mother of the four-year-old boy alleged during a press conference that the kindergarten's management had been negligent.
D. Nilaveni, 40, said her only child, V. Thanes Nair, died on April 23 at Hospital Raja Permaisuri Bainun at about 10.35am after being admitted on the day of the incident.
Nilaveni was seen at the court hugging a bolster, clad in what is believed to be her late son’s clothes and cap.
Counsel P. Vijey Esvaren held a watching brief for the family.
Deputy Public Prosecutor Evangelin Simon Silvaraj requested the court to set a RM15,000 bail with one surety.
She also requested that the court set additional requirements for the accused to report monthly to the nearest police station and for her to stay away from the victim’s family and witnesses.
Lawyer Gary Xavier, who represented Esther Christina, said the single mother underwent a brain tumour surgery and is undergoing rehabilitation and follow-up doctor appointments at a private hospital in Subang Jaya.
He said ever since she was charged in July last year, she has no means of income, and she is taking care of her 80-year-old mother.
“She is also taking anti-epilepsy medication, and she is not a flight risk.
“Thus, I am requesting that the court maintain the RM2,500 bail set at the Magistrate’s court,” he said.
Ainul Shahrin set bail at RM5,000 with one surety and fixed March 21 as the next mention date.
