Jailed teen files appeal

The Star
by SHAILA KOSHY

KUALA LUMPUR: The teenager who is serving a 12-year jail sentence for causing the death of her newborn by throwing the baby out of a second floor window has filed a notice of appeal.

In the notice filed at the High Court in Shah Alam on Feb 13, Noor Atika Kamarolzaman, 19, said she was dissatisfied with the sentence.

On Jan 12, she pleaded guilty to causing the death of her child at B7-2 Taman Selayang Segar 2, between 3.30am and 7.15am on Oct 3 last year.

On Jan 30, the Selayang Sessions Court slapped a 12-year jail term on her and RM5,000 fine in default six months’ jail.

Noor Atika was unrepresented both times.

The Bar Council’s National Legal Aid Committee (LAC) chairman Ragunath Kesavan had told The Star on Jan 31 that they would apply to the High Court for a sentence revision.

The Kuala Lumpur LAC sent a chambering pupil to interview Noor Atika at Kajang Prison after getting in touch with her mother.

On Feb 5, the Joint Action Group for Gender Equality called on the judiciary to revise the sentence, saying it did not take into account the “different factors that may have affected her actions then, including post-partum depression.”

Since then, however, Noor Atika has decided to appeal the sentence.

Her case has been taken up by KL LAC on a pro bono basis and will be handled by its chairman Ravin Singh.

He said his firm would also apply for a stay of execution on her sentence, pending the appeal.

Asked why she had not asked for legal advice, Ravin – who met Noor Atika on Feb 9 – replied: “She said she could not afford one because she was told it would cost between RM10,000 and RM20,000 for a full trial.

“She was also told that if she pleaded guilty, she would get a non-custodial sentence.”

Ravin said she did not know who spoke to her on the day she was charged but it was not a lawyer.

He welcomed the statement by Attorney-General Tan Sri Gani Patail in The Star recently that the National Legal Aid Foundation, which provides free legal advice upon arrest, will begin operations in March.