IPOH: A former kindergarten teacher granted a discharge not amounting to an acquittal (DNAA) to a charge of leaving a boy without reasonable supervision, leading to the four-year-old falling to his death in a swimming pool last year, was charged again at the Sessions Court here.

       SP Esther Christina, 59, was charged at the Magistrate’s Court here last July under Section 33 (1) (a) of the Child Act 2001, and claimed trial to the charge of negligence.

       However yesterday, magistrate Siti Nora Sharif granted the DNAA after the prosecution stated that the charge under that Section fell under the jurisdiction of the Sessions Court.

       Esther Christina then claimed trial again to the charge before Sessions judge Ainul Shahrin Mohamad.

       As the person responsible for the boy at the time, Esther Christina allegedly left him without supervision for an unreasonable period of time at a swimming pool in Bandar Baru Sri Klebang at about 10.20am on April 17.

       If convicted, she could be jailed up to five years, fined not more than RM20,000 or both.

       On April 23, the mother of the four-year-old boy alleged during a press conference that the kindergarten’s management had been negligent.

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       D. Nilaveni, 40, said her only child, V.Thanes Nair, died on April 23 at Hospital Raja Permaisuri Bainun at about 10.35am after being admitted on the day of the incident.

       Nilaveni, was seen hugging a bolster clad in what is believed to be her late son’s clothes and cap in court yesterday. Counsel P. Vijey Esvaren, held a watching brief for the family.

       DPP Evangelin Simon Silvaraj requested the court to set a RM15,000 bail with one surety and also asked that the accused report monthly to the nearest police station and that she stay away from the victim’s family and witnesses.

       Lawyer Gary Xavier, who represented Esther Christina, said the single mother underwent a brain tumour surgery and was undergoing rehabilitation and follow-up doctor appointments at a private hospital in Subang Jaya.

       He said since she was charged in July last year, she had no means of income, and that she was also taking care of her 80-year-old mother.

       “She is also on prescribed anti-epilepsy medication, is not a flight risk. I am requesting that the court maintain the RM2,500 bail set by the Magistrate’s Court,” he said.

       The judge set bail at RM5,000 with one surety and fixed March 21 for next mention.