KUCHING: The High Court here today sentenced a housewife to 30 years in prison for intentionally killing her husband’s three-year-old nephew by shaking the child’s body until his head hit the floor and strangling him.
Elora Duka, 31, from Lundu, pleaded guilty to the charge under Section 302 of the Penal Code, which was read by the court interpreter before Judicial Commissioner Zaleha Mohd Yusuf Pan.
The offence carries either the death penalty or imprisonment of 30 to 40 years, with a minimum of 12 strokes of the cane if not sentenced to death.
She committed the crime at her residence in Kampung Sebigo, Lundu, at around 8 pm on April 1, 2021.
However, Zaleha ruled out caning for the accused as she is a woman, in accordance with Section 289 of the Criminal Procedure Code.
According to the case facts, on the day of the incident, the deceased, a three-year-old boy, was taken to the hospital by the accused, who claimed the child had choked and suffered seizures.
An initial examination found the child weak with an irregular heartbeat, prompting emergency treatment.
However, his condition worsened, and he was transferred to Sarawak General Hospital’s Paediatric Intensive Care Unit (ICU).
The child succumbed to his injuries at around 12.25 pm on April 2, 2021.
The attending medical officer immediately filed a police report for further investigation.
The officer observed bruises on the child’s back, legs and abdomen, a tear on the inside of his lip, old scars on his legs, back and head, as well as internal brain haemorrhaging.
The accused was arrested by police on April 7, 2021.
During the investigation, the accused admitted that the deceased was her husband’s nephew.
On the day of the incident, the child was initially fine, lying on his stomach after eating while crying.
The accused scolded him, telling him to stop, but he continued crying despite being threatened with a beating.
Frustrated, the accused grabbed the child’s shoulders while he was lying on a mattress and shook him violently, causing his head to hit the floor multiple times.
She then strangled him and pressed his abdomen forcefully several times.
Her actions were reportedly driven by anger, as the child would not stop whining and crying.
After that, she left him lying on the floor and went to feed her cat until her son informed her that the boy was gasping for air.
The accused immediately called her husband, who was at his mother’s house, to take them to Lundu Hospital.
A medical report confirmed that the child died due to head and abdominal injuries sustained during the assault.
As a result, the court ruled that the accused had intentionally caused the child’s death and sentenced her under Section 302 of the Penal Code.
It is understood that the accused and her husband had been caring for the child since his biological parents were no longer living together.
Deputy Public Prosecutor Aida Nurdiana prosecuted the case, while the accused was represented by lawyer Timothy Finlayson Joel.
