Three Myanmar children maintain innocence over intimidation charge, out on RM4,000 bail each

BUKIT MERTAJAM: Three Myanmar children pleaded not guilty at the magistrate's court today to a charge of criminally intimidating an elderly woman.

The three — comprising two 11-year-olds and a 12-year-old — maintained their innocence after the joint charge was read to them in Myanmar by a court-appointed Myanmar interpreter before magistrate Roshayati Radellah.

They were accused of threatening to cause injury to a 71-year-old woman using various objects, including a mop, an iron rod, a fluorescent tube, and stones.

The offence allegedly occurred outside a house in Tingkat Binjai Empat Belas, Taman Sri Rambai about 6pm on Oct 22.

The charge was framed under Section 506 of the Penal Code, read together with Section 34, which provides for up to two years' imprisonment, a fine, or both upon conviction.

During proceedings, their counsel S. Sagthiyaraj, who is representing them pro bono under the Penang Legal Aid Centre, confirmed receiving the relevant documents from Deputy Public Prosecutor Zulfadzli Hassan.

He requested a date for case management, and the magistrate fixed Dec 18.

The three children previously claimed trial to the same charge on Oct 30 when it was read to them in Bahasa Malaysia.

The court had then fixed today's hearing for a Myanmar interpreter to be appointed to explain the charge to them. Bail was initially denied.

However, speaking to reporters after today's proceedings, Sagthiyaraj said all three children had since been released on RM4,000 bail each following an urgent revision at the High Court.

He said the judicial revision was initiated by the magistrate on Oct 30 after procedural irregularities involving Section 84 of the Child Act 2001 were identified.

The provision stipulates that children charged with non-capital offences cannot be detained on remand and must be released on bail into the custody of their parents or guardians.

Sagthiyaraj said the children, who attend an NGO-run school, had initially struggled to understand the court proceedings due to language barriers and were briefly sent to a moral rehabilitation centre in Air Itam.

"Following swift interventions and concerns raised by non-governmental organisations, the learned magistrate filed an urgent revision before Judicial Commissioner Suraiya Mustafa Kamal at the Butterworth High Court.

"The emergency hearing took place at 5.45pm and concluded at 6.45pm that same day, with the same Deputy Public Prosecutor handling the matter.

"The High Court allowed bail at RM4,000 for each child, with their respective parents acting as sole sureties," he said.

Sagthiyaraj said the children were subsequently brought back to the Bukit Mertajam court complex to complete the necessary documentation and were released at 7.45pm that evening.