PUTRAJAYA - A woman who allegedly flushed her newborn baby girl down the toilet five years ago has been ordered by the Federal Court to make her defence.
Nurul Syuhada Shamsudin, 24, who is married and six months pregnant, will enter her defence at the Penang High Court before the same trial judge.
The factory worker was acquitted by the High Court on Jan 25, 2011, over a charge of murdering her baby.
The Court of Appeal later let Nurul Syuhada off with a RM3,000 (S$1,200) fine after it reduced her charge to one of concealment of birth by secret disposal of a dead body.
Upon hearing the court ruling yesterday, she was expressionless.
Federal Court judge Justice Suriyadi Halim Omar, who led a five-man panel, set aside the orders meted out by the Penang High Court and Court of Appeal after hearing submissions by both parties.
"We feel there is something incorrect in the decisions of the High Court and Court of Appeal. We allowed the appeal by the prosecution," he said in an unanimous decision yesterday.
"She will be remanded pending the hearing. You file a formal bail application (for her)," he told her lawyer.
He also set Sept 18 for mention at the Penang High Court.
Also on the Bench were Federal Court judges Justice Zainun Ali, Justice Mohamed Apandi Ali, Justice Abu Samah Nordin and Justice Ramly Ali.
Earlier, DPP Muhamad Iskandar submitted that there was sufficient evidence produced before the trial judge, pointing out that Nurul Syuhada's co-worker had heard the sound of a baby crying followed by water flushing while the co-worker went to the next toilet cubicle on the day of the incident.
He also said a cleaner had notified a security guard that the toilet had clogged up, and firemen who went to break it open found the baby stuck inside the toilet bowl.
Nurul Syuhada, from Parit Buntar in Perak, was accused of comitting the crime in a women's toilet of the Jabil factory at Bayan Lepas, George Town, between 3.30am and 7am on Dec 30, 2009.
In his judgment, trial judge Justice Zamani A. Rahim said live birth was not proven and that the prosecution's case was weakened when the actual cause of death was not ascertained.
DPP Muhamad Iskandar Ahmad applied for the matter to be heard before a Penang High Court judge.