GEORGE TOWN: An 18-year-old woman who allegedly threw her newborn baby out of her apartment in Air Itam last week was charged with murder today.
College student Santhiea Mahadavan was charged with committing the offence at the Sri Ivory Apartment on July 10.
She was charged under Section 302 of the Penal Code for murder. The charge carries the death penalty upon conviction.
The charge was read to her by senior assistant registrar Nur Fadrina Zulkhairi at the Maternity Block of the Penang Hospital, where she has been held in custody since her arrest and where she is receiving treatment for her delivery-related complications.
Deputy public prosecutor Yazid Mustaqim Roslan told reporters the accused’s lawyers had requested for bail. However, the magistrate’s court has no right to grant bail and as such a request should be made at the High Court.
Asked about the woman’s condition, he said: “She appears to be in a weak state.”
Defence lawyer RSN Rayer said he had made an urgent application to transfer the case to the High Court as his client was in a very weak state and needed urgent medical treatment.
Rayer had earlier argued that the woman could be allowed bail, based on earlier precedents set by the Federal Court. He cited the case of the public prosecutor vs Balwant Singh where an elderly person was granted bail; and more lately, Samira Muzaffar, in the Cradle CEO murder case, was allowed bail as well.
This is because murder under Section 302 of the Penal Code is a non-bailable offence but with the two prior cases, bail can be given.
“I argued that in my case today, she satisfies both the conditions.”
Fake or not? Check our quick fake news buster here.