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GEORGE TOWN: A teenage girl who allegedly dumped her newborn baby from her apartment in July and was later charged with murder was ordered to be sent to prison while awaiting trial in Superior Court.
Justice Jamaliah Abd Manap issued the order today, saying that M Santhiea’s bond has come to an end as her case was transferred to the High Court.
Murder cases are tried in the High Court, but the charges are brought beforehand in the Magistrates Court.
Santhiea’s lawyer, Meharaj Selvarajoo, argued that the spirit of the bail issued by the Court of Appeal was to allow his client’s bail to be released until the case was brought up in High Court.
He said the case has yet to be registered in the Superior Court.
Meharaj said that 18-year-old Santhiea, who was in college when the crime allegedly occurred, was in no condition to go to prison because he was receiving psychiatric and orthopedic treatment for his lower back at Penang Hospital.
Furthermore, given the Covid-19 outbreak in prisons, it would be inappropriate to send her to detention, she said, adding that she should remain on bail as she poses no escape risk.
Deputy Prosecutor Yazid Mustaqim Roslan said the law allows the court to revoke the bond by arresting the defendants and placing them in custody.
Based on the appellate court’s decision, a conditional bond was granted in which the bond expires when transferred to Superior Court. The case is now being transferred to the High Court, ”Judge Jamaliah said.
Outside of court, Santhiea’s lawyers said they would send her to a correctional facility in Perlis pending her Superior Court hearing, for which a date has not yet been set.
Santhiea was charged with causing the death of her newborn at Sri Ivory Apartment, Bandar Baru Air Itam, at 8.25am on July 10. The crime contemplated in Section 302 of the Penal Code carries the death penalty.
She has been detained in Penang Hospital ever since for treatment related to injuries sustained during childbirth.
On 14 September, the Court of Appeal granted him bail of RM30,000 due to his medical complications, after his application for bail was rejected in two lower courts.
Bail is not normally granted in murder cases, but women and the sick may be entitled to bail under the law and on the basis of previous Federal Court precedents.
