By Nour Maghfirah –
BANDAR SERI BEGAWAN, 1 OCT – An Indonesian maid, Yayah Nurhayati, 41 years old, who previously pleaded guilty to the charge of child abuse was sentenced to 18 months in prison by Intermediate Court Judge, Pengiran Masni Pengiran Haji Bahar yesterday.
Yayah was charged under Section 28(1)(a) of the Children and Young People Act, Chapter 219, for abusing her employer’s 10-month-old son on 26 August.
The incident happened at the family’s residence in Mukim Gadong B.
According to Prosecuting Officer Aeny Zullizam, the Grandmother who was responsible for taking care of the child force-fed her by putting food in her mouth until she cried.
He then pushed the child’s forehead back and pinched his left thigh, causing the child to become depressed. The incident was captured on CCTV by the child’s father, who lodged a police report the following day.
Yayah was arrested and confessed to the crime during the police investigation. He has never been convicted in Brunei Darussalam.
The judge, when considering the seriousness of the offence, said that a prison sentence was appropriate and commensurate with the offense committed.
“The sentence period must reflect the abuse, the condition and the age of the victim,” said Judge Pengiran Masni.
The court also observed that no medical report was provided, which would have helped assess any injuries.
“However, the video submitted in court shows child X, a 10-month-old damit child, being fed roughly, causing him to cry,” explained the court.
“The defendant continued to abuse her by pushing her head and pinching her thigh.
The maid was the only one who was aware of the abuse,” added the judge.
“Thankfully, the complainant checked the CCTV and exposed the abuse. Without it, the defendant will continue his actions,” added the court.
“The mistake has caused the child’s family stress and caused public concern to trust maids with their children,” commented the court before handing down the sentence.
Judge Pengiran Masni also took into account the defendant’s immediate guilty plea and clean record, stating that the defendant is exempt from
whipping under Section 258 of the Criminal Procedure Code.
