Intermediate Court Judge Pengiran Masni Pengiran Haji Bahar on Tuesday handed down an 18-month jail sentence to 41-year-old Indonesian domestic helper, Yayah Nurhayati, who earlier pleaded guilty to charges of child abuse.
Yayah was charged under Section 28(1)(a) of the Children and Young Persons Act, Chapter 219, for abusing her employer’s 10-month-old son on August 26. The incident took place at the family’s residence in Mukim Gadong ‘B’.
According to Prosecutor Aeny Zullizam, Yayah, who was responsible for the care of the child, forcefully fed him by shoving food into his mouth, causing him to cry. She then pushed his forehead backwards and pinched the left side of his thigh, further causing him distress. The incident was captured on CCTV by the child’s father, who lodged a police report the following day.
Yayah was arrested and admitted to the offence during police investigations. She has no prior convictions in Brunei Darussalam.
The Judge, in considering the seriousness of the offence, said that a custodial sentence is warranted. “The sentence length must reflect the abuse, its circumstances, and the victim’s age,” said Judge Pengiran Masni.
The court also saw that there was no medical report provided, which would have helped assess any injuries.
“However, a video admitted in court shows Mr X, a 10-month-old baby, being harshly fed, causing him to cry,” the court thought.
“The defendant further abused him by pushing his head and pinching his thighs. The maid was the only one aware of the abuse,” the Judge added.
“Thankfully, the complainant checked the CCTV, revealing the abuse. Without it, the defendant would have continued,” the court further examined.
“The offence has caused significant distress to the boy’s family and raised public concern about trusting maids with their children,” the court concluded before handing the sentence.
Judge Pengiran Masni also took into account the defendant’s instant guilty plea and clear record, while noting that the defendant is exempted from whipping under Section 258 of the Criminal Procedure Code. – FADLEY FAISAL
