M Santhiea, now 23, had initially been charged with murdering her newborn baby girl in 2020, an offence that carries the death penalty. She spent four months in remand, and was released on a RM90,000 bail.

In May, however, the prosecution reduced the charge to infanticide after recognising that she was mentally disturbed after childbirth.

In the High Court today, Santhiea broke down in tears when shown photos of her dead baby and bloodstained bedsheets by the court interpreter after she pleaded guilty.

As she continued sobbing, her lawyer, RSN Rayer, asked for a short recess, which Justice Rofiah Mohamad allowed. Santhiea’s mother and brother were seen consoling her in court.

In mitigation, Rayer pleaded for a second chance for Santhiea, who was only 18 and a college student at the time.

He said Santhiea is considered a youthful offender under the Criminal Procedure Code, and urged the court to consider alternatives to jail. A youthful offender is a person aged between 18 and 20 under the code.

“She was on remand for four months, with a murder charge and death penalty hanging over her head. It was a living hell. The experience has punished her and her family enough. They’ve been cast out by society,” he said.

Rayer said Santhiea had tried to kill herself after throwing her baby out of the window, describing her actions as made “in a state of panic”.

He said a psychiatric report from Hospital Bahagia Ulu Kinta diagnosed her with major depressive disorder.

“No 18-year-old should go through that … speaking as a father,” he said.

Rayer said Santhiea is now pursuing her degree and also working part-time to support her family and has shown good behaviour since being released on bail.

However, deputy public prosecutor Nurul Khairiah Dahlaan reminded the court that this was a serious offence, having hurled her baby out her apartment.

“It is a matter of public interest. Justice must be done for the voiceless baby,” she said, urging the court to mete out the stiffest penalty.

Santhiea risks spending up to 20 years in jail and a possible fine.

A social welfare officer, Zahir Harun, also testified. He presented the court with a welfare report, which is typically required for a youthful offender.

He said Santhiea had turned over a new leaf, was remorseful, and continued to take anti-depressants.

“She regrets her actions deeply,” he told the court.

Rofiah said she needed more time to consider the “very difficult decision” before her.

“This involves public interest and also the life of the accused,” she said, before adjourning the case to Aug 8 and extending Santhiea’s bail until the next hearing.