Court finds babysitter negligent in toddler's death


SEREMBAN: The Coroner's Court here has ruled that the death of a 15-month-old toddler at a nursery more than two years ago was due to compression of the neck.

Coroner Datin Surita Budin said evidence and testimonies presented showed that Nour Rania Asyifaa Yuseri died after her neck became entangled in a cloth cradle. She was left unsupervised in a room for about two hours by her babysitter.

"The court finds that the victim's death was caused after she tried to get out of the cloth cradle, which was tight and uncomfortable, as the babysitter had hooked up both ends to prevent her from falling out or escaping.

"While trying to stand up, her neck got entangled in the cloth on one end of the cradle, causing her to struggle and ultimately compressing her neck due to her own weight.

"Based on the balance of probabilities, supported by evidence and witness testimonies, the court also finds that the deceased's death was not an accident but was caused by being left unsupervised for two hours, an offence under the law," she said in her findings.

She added that the width of the abrasion on the deceased's neck was consistent with the width of the cradle cloth.

Twenty-eight witnesses had testified since proceedings started in Sept 2022.

Nour Rania was found dead by her babysitter in her cloth cradle after being put to sleep in a room at the centre, which operated from a single-storey corner house, on Feb 22, 2022.

The babysitter told police she found the child's head dangling over the side of the cradle when she went to check on her.

She reportedly tried to resuscitate the victim but was unsuccessful.

The toddler was rushed to the Sendayan health clinic, but doctors failed to revive her.

A post-mortem revealed that her death was due to compression of the neck.

There were 15 children, including the deceased, aged between six months and seven years, at the centre when the incident happened.

Nour Rania's father, Yuseri Yussof, later told reporters he was unhappy with the initial findings and asked police to investigate the matter under Section 302 of the Penal Code for murder.

Surita said during proceedings, the babysitter admitted she had left the toddler and two other babies unsupervised in a room for two hours, an act of negligence.

The babysitter also admitted she knew the use of cloth cradles in nurseries was not allowed as it was unsafe, yet she continued to use it.

The babysitter failed to ensure the deceased's safety by using a faulty cloth cradle with worn-out springs and torn fabric.

"Also, if it is true that she had no intention of using the cloth cradle, then it should have been discarded when they moved to the new premises," she said.

Surita stated that the post mortem also showed the deceased did not suffer any internal injuries, including broken bones.

She ruled out the possibility of physical abuse or strangulation, as there was no forensic evidence to support this.

The involvement of a third party or an adult using a wire or cable to strangle the deceased was also ruled out.

Also present in court were Yuseri and his wife, Anida Idrus.

Lawyer T. Gaithri kept a watching brief for the family.

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