In a notable court case, Ahmad Shamil Ashraf Zainuddin, a former waiter, received an eight-year prison sentence from the High Court today for the negligent death of his girlfriend's newborn child three years ago. Judge Mohd Radzi Abdul Hamid delivered the sentence after Ahmad Shamil, 22, pleaded guilty to the alternative charge of causing death by negligence. The court ordered that his sentence be retroactively effective from his arrest date on March 29, 2021.
The tragic incident involved the newborn child of Farah Najwa Ab Rahman, 21, and occurred in a bushy area near Pusat Asuhan Tunas Islam Ahmadiah, Melaka Tengah. The offence took place between midnight and 10:30 PM on March 29, 2021, when Ahmad Shamil was just 19 years old. The alternative charge was framed under Section 304(a) of the Penal Code, which allows for imprisonment of up to 30 years or a fine, or both, upon conviction.
Representing the prosecution was Deputy Public Prosecutor Nabilalif Mohd Rosli, while the defence was handled by lawyer M. Vinodharan.
In his sentencing remarks, Judge Mohd Radzi criticized Ahmad Shamil's actions as both "pathetic and irresponsible." He emphasized that panic, while understandable, did not justify the negligent behaviour exhibited by the accused. The judge also pointed out that Ahmad Shamil was fortunate to face a lesser charge under Section 304(a), instead of the more severe Section 302, which carries the death penalty.
“In life, we are always faced with situations requiring choices, and God gives us the wisdom to make the right decisions. Hopefully, this punishment serves as a significant lesson for you,” Judge Mohd Radzi stated.
According to the case facts, Farah Najwa experienced severe bleeding after giving birth and was subsequently treated at Melaka Hospital. Hospital staff inquired about the baby’s whereabouts, but Farah could not provide an answer, stating only that the baby had been alive at birth since she heard him cry. Urged by hospital staff to contact Ahmad Shamil, the baby was eventually found wrapped in a green hospital cloth near the complainant.
The medical examination revealed no bite marks or broken bones on the infant, and a pathological examination indicated congenital pneumonia. DNA testing confirmed a 99.999 per cent probability that Ahmad Shamil and Farah Najwa were the parents, further corroborating that the baby was alive at birth.
This case serves as a stark reminder of the serious consequences of negligence, and the court's decision reflects a commitment to ensuring justice while imparting a powerful lesson about responsibility and the gravity of choices in critical situations.
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