A HIGH COURT judge has dismissed an appeal by a 29-year-old mother who sought to shift blame for her toddler’s death, affirming a five-year prison sentence for negligence after the three-year-old fell from the 18th floor of a condominium in Taman Danau Kota in 2022.
Judge K. Muniandy stressed that Nurzalyeni Aryssha Razali bore sole responsibility for her daughter Khalisa Zara Abdul Rahim’s safety and should have supervised her “like a hawk.”
The judge rejected her claims that her partner’s mother was at fault, noting there was no evidence to support such allegations.
“The law pursuant to the Child Act demands for the accused, as the mother, to take care of her own child, come rain or shine, as it is her responsibility,” Muniandy said in his written judgment dated 6 August.
“If only the accused had ensured the sliding door to the balcony was closed and an adult, including her, was with the child at the material time, the child would not have fallen and died. The death of the child was a direct result from her neglect, as a mother.”
Nurzalyeni had left her daughter sleeping alone in the unit while she accompanied her partner and his mother to a nearby shop to purchase fever medication.
She claimed she had locked the balcony door and alleged her partner’s mother had failed to secure it, with a supposed motive to fabricate evidence against her.
Muniandy found these claims unsubstantiated, emphasising that her partner’s mother was not legally responsible for the child’s care.
“Her neglect is inexcusable in law, as it was within her resources to provide care for her own child, but she had failed to do so at the material time,” he said.
“Even if it was true that Nurzalyeni wanted to get fever medication for her child, she could have gotten her partner or his mother to do so. But by leaving the child alone, hoping all would be safe without her constant supervision, is pure neglect on her part.”
Nurzalyeni’s appeal targeted only the jail term, having already served the 36 hours of community service imposed by the Sessions Court.
The High Court ordered her to serve the prison sentence from the date of her conviction on 15 July, but granted a stay of execution to allow a final appeal to the Court of Appeal.
She was represented by lawyer DC Sunderasan Krishna, while deputy public prosecutor Aqilah Ishak appeared for the prosecution. - October 27, 2025
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