GEORGE TOWN: A former factory worker who was earlier fined for secretly disposing off her newborn in a toilet five years ago, was today acquitted and discharged by the High Court on a charge of killing the baby girl.
Judge Datuk Zamani Abdul Rahim ordered Nurul Syuhada Shamsudin, 24, to be freed after finding that the defence had succeeded in raising doubts against the prosecution case.
“Having carefully considered and reviewed both the evidence from the defence and prosecution, I am more inclined to accept the accused version, which may reasonably be true, that the baby was dead before full explosion from the accused vagina.
“As such, there has been no offence of murder of Section 300 of the Penal Code. I am therefore of the considered view that the defence has succeeded in casting a reasonable doubt on the prosecution case.
“As a result, the prosecution has failed to proof this case beyond a reasonable doubt.
“I am, therefore, accordingly ordered the accused to be acquitted and discharged from the charged of murder under Section 302 of the Penal Code,” he added.
Nurul Syuhada, now a housewife and from Parit Buntar, Perak, was charged with murdering the newborn between 3 am and 7 am on Dec 3, 2009, in the women’s toilet at the Jabil Circuit Factory, Bayan Lepas here.
The charge, under Section 302 of the Penal Code, carries the death sentence upon conviction.
On Jan 25, 2011, the Penang High Court had acquitted and discharged her of the murder charge.
The prosecution subsequently, filed an appeal to the Court of Appeal.
On March 6, 2013, the Court of Appeal convicted and fined Nurul Syuhada RM3,000 after she pleaded guilty on a substituted charge of secretly disposing her baby. She paid the fine. The prosecution then appealed to the Federal Court, which then ordered Nurul Syuhada to make her defence on the original charge of murdering the baby.
The facts revealed that the body of the baby was found protruding from the hole of a toilet bowl when a cleaner was trying to clear a clogged toilet.
The prosecution was represented by deputy public prosecutor Siti Fatimah Talib, while Nurul Syuhada was represented by lawyer E. Gunasegaran. - Bernama