KUCHING: A former shop assistant was sentenced to three years’ imprisonment by the Sessions Court here on Monday (Feb 23) for causing the death of her newborn baby in 2025.
Holinesilla Felly, 28, pleaded guilty to the charge before Judge Musli Ab Hamid.
She was charged under Section 309A of the Penal Code, punishable under Section 309B of the same Code, which provides for imprisonment of up to 20 years and a fine upon conviction, at the discretion of the court.
According to the charge, she committed the offence on Oct 27, 2025, at about 7am in Padawan, where she caused the death of her newborn baby.
However, at the time of the incident, she had not fully recovered from the effects of childbirth, and her mental balance was disturbed as a result.
The facts of the case revealed that Holinesilla went to a hospital complaining of stomach pain and bleeding from her private parts, initially claiming that she was suffering from gastric problems.
Upon examination at the emergency unit, medical personnel found a placenta at her private parts, indicating that she had just given birth.
After further questioning by the complainant, Holinesilla admitted that the baby she had delivered had already died. She said she had placed the baby in a backpack and left it in her bedroom.
A doctor estimated that the baby was between 37 and 39 weeks’ gestation.
Holinesilla stated that the child was her first and that she had not informed any family members about the incident. She was subsequently admitted to the maternity ward for further treatment. The complainant then lodged a police report for further action.
On Nov 9, 2025, at about 12.30pm, Holinesilla was arrested for causing the death of her newborn child.
Investigations revealed that she had given birth at her residence. It was also understood that her partner had refused to take responsibility for the child upon learning of the birth, which caused her emotional distress.
After giving birth, Holinesilla panicked and became confused. She pulled the baby away from her private parts, causing the umbilical cord and placenta to detach. She then recklessly placed the baby in a bag and left it in her bedroom, which led to the baby’s death.
The baby’s body was sent to the Forensic Medical Department of Sarawak General Hospital (SGH) for a post-mortem examination.
The post-mortem revealed that the baby had been born alive. A floating test showed that the baby’s lungs floated in water, indicating signs of breathing.
The case was prosecuted by deputy public prosecutor Ruvinasini Pandian while Holinesilla was represented by counsel Chan Shu Ting from Yayasan Bantuan Guaman Kebangsaan.
