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Tragedy in misdirected rage
Tue, Nov 10, 2009
The Daily Chilli

LABOURER Mohamad Nasir Sulaiman was upset with his wife because she "was not good at managing the household."

But instead of settling the matter with her, Nasir, 34, vented his anger by flinging his four-month-old daughter onto a mattress.

The baby suffered bleeding of the cerebral membrane and subsequently died.

Nasir is now on trial for his action which resulted in his daughter's death. He is also charged with child abuse by swinging Nurul Ain by her feet.

His lawyer V. Parthipan told the Penang Sessions Court on Monday that Nasir did not realise his action could lead to Nurul Ain's death.

Parthipan told the court that Nasir had testified in his own defence that he threw his daughter onto the mattress in a moment of anger.

"He said he only threw the baby once. At that time, he was angry with his wife and was not aware that the action could cause such harm to the baby that would lead to her death," Parthipan said in his submission at the end of the defence's case.

He said that if Nasir had intended to hurt the baby, he would have thrown her onto the floor or acted more aggressively towards her.

Parthipan said the incident came about because Nasir's wife was not good at managing the household. He said Nasir lost control of his emotions at that time but subsequently regretted his actions.

Nasir denied committing both offences at his home in Kampung Masjid, Sungai Ara, Penang, at 9pm on March 7.

He faces a jail term of up to 30 years and a fine for the first offence under Section 304(a) of the Penal Code, and a jail term of up to 10 years or a RM20,000 fine, or both, for the second offence under Section 31(1)(a) of the Child Act 2001.

DPP Sariza Ismail submitted that even if Nasir was angry, there was no need to throw the baby onto the mattress.

She said Nasir's actions showed he had intent and his defence failed to raise any doubt on the prosecution's case.

She also said that it "tidak masuk akal (did not make sense)" for Nasir to say that he was only playing with Nurul Ain when he pinched her cheeks, as the baby's cheeks were bruised.

Judge Rosilah Yop will decide on Nov 19 whether to acquit or convict Nasir.

Nasir has been in remand since his arrest on March 9 as the court denied him bail.

 
 
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