‘Deterrent sentences needed’

KUALA LUMPUR: Police have asked prosecutors pursuing cases of negligence involving the interest of children to push for deterrent sentences.

Bukit Aman’s Sexual, Women and Child Investigation Division principal assistant director Assistant Commissioner Jenny Ong Chin Lan said there should not be two ways in pursuing cases of negligence, even if it involved the parents of an injured or dead child.

Ong said police recorded 117 cases of negligence, including those that led to the deaths of children, over the past four years.

She pointed out the increase in such cases during these years, especially in 2015 where 32 cases were recorded as opposed to 10 in 2014.

The number increased to 44 cases last year, compared with 31 in 2016.

Negligence was the second highest factor associated with child abuse cases, only after the cause that police defined as “those linked to loss of temper” and “using their children as a punching bag”.

She said the excuse of “the responsible parent should not be made to pay further as the burden of seeing their child injured or dead was punishing enough”, should never come into the equation.

She opposed another argument she said was popular, that there was no criminal intent that led to an untoward incident.

Ong opposed these arguments, saying that the law must apply as it would also set an example to others.

“Some argue the point without a criminal intent because under the Penal Code, there must be one for a suspect to be charged with causing the death of a child, for example.

“But I am of the opinion that neglect is neglect, even if there is no intention to cause the death of the child.

“In Malaysia, we try to be humane in implementing certain laws, taking into consideration the guilt felt by parents.

“It is a strong argument. But on the other hand, you want to create awareness and need to be cruel to be kind.”

Ong added that stern punishment for child negligence should be publicised to create awareness.

On the need to amend laws to ensure this, she said, Section 31(1) of the Child Act was good enough, adding that it was, however, the deputy public prosecutor’s (DPP) call if charges would be levelled against parents in such cases.

Section 31(1) stipulates that anyone who is negligent in caring for a child could face a maximum fine of RM20,000 or jailed no more than 10 years or both, upon conviction.

“We have charged some caregivers, including parents, before, but sometimes, the DPP doesn’t want to charge.”