After the bail denial, the girl’s lawyers filed an application to the High Court in Kuala Terengganu to seek a review of the decision to deny bail and to also seek for the girl to be referred for psychiatric evaluation. — Reuters pic
KUALA LUMPUR, March 8 — A teenage girl in Terengganu will remain behind bars while awaiting trial over the murder of her newborn son, as the High Court in Kuala Terengganu has decided against revising an earlier court ruling which rejected bail for the girl.
The girl, who was 14-years-and-11-months-old at the time of her arrest, is legally still a minor in Malaysia. Her son was said to have been conceived of a rape.
On February 15, the girl was charged with murder of the newborn under Section 302 of the Penal Code at the Magistrates’ Court in Kemaman, Terengganu, and was denied bail while pending trial.
After the bail denial, the girl’s lawyers filed an application to the High Court in Kuala Terengganu to seek a review of the decision to deny bail and to also seek for the girl to be referred for psychiatric evaluation.
When contacted, the girl’s lawyer Sangeet Kaur Deo told Malay Mail that the High Court in Kuala Terengganu had allowed part of the revision application by ordering for the girl to be referred for psychiatric evaluation, but deciding not to grant bail.
As bail was not granted, the girl will remain in detention.
“Among others, court said there was no error in the magistrate denying bail as the magistrate has no jurisdiction to grant bail in a murder case,” Sangeet said when explaining part of the reasons for the High Court’s decision today against granting bail to the girl.
Following the High Court’s decision today, Sangeet confirmed that the girl would be sent to a government hospital for psychiatric evaluation.
“Under Section 342 CPC, the court must refer for psychiatric evaluation if they suspect instability,” Sangeet explained, referring to the Criminal Procedure Code.
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