IPOH, Jan 7 — Nursery school teacher S. Esther Christina, 60, was charged again for the second time in the Sessions Court here today with negligence that led to a child’s drowning in a pool in April 2023.

Esther was jointly charged with another teacher M. Manisah, 29, from the same nursery school.

Esther maintained her not guilty plea while Manisah pleaded not guilty as well when the charge was read out to them before Judge Azizah Ahmad.

According to the charge, Esther and Manisah, who had custody of V. Thanes Nair, 4, were alleged to have left the child without supervision and care for an unreasonable period of time.

The offence was allegedly committed at the swimming pool of Tadika Kinder Lab Sdn Bhd in Bandar Baru Sri Klebang at around 10.07am on April 17, 2023.

The duo were charged under Section 33(1)(a) of the Child Act 2001, which provides for a maximum fine of RM20,000 or imprisonment of up to five years or both, upon conviction.

The prosecution was led by deputy public prosecutor Mohamad Nazreen Zabarudin while both the accused were represented by lawyers Gary Xavier and Jason Anthony.

Lawyer R. Maran appeared as watching brief counsel for the victim’s family.

Mohamad Nazreen offered bail of RM15,000 for each of the accused.

However, Gary requested the bail be reduced to RM2,500 for each of the accused on the grounds that Esther is still undergoing post-treatment at Subang Jaya Medical Centre for her brain cancer surgery and will be retiring next week, while Manisah, who is currently pursuing her master’s studies, will be getting married next month and has to look after her parents.

The court later allowed bail of RM3,000 with one surety for each of the accused and ordered them not to approach the case’s witnesses.

The case has been fixed for mention on April 8.

Esther was initially charged at the Magistrate’s Court here for the same alleged act of negligence on July 12, 2023, but was given a discharge not amounting to an acquittal after Magistrate Siti Nora Sharif granted the prosecution’s request before the case was brought to the Sessions Court.

She was then charged again for the same offence at the Sessions Court here on January 30, 2024, but was again given a discharge not amounting to an acquittal after the prosecution submitted there was an error in the previous charge sheet on the time and place of the incident.

The child reportedly died on April 23, 2023, after six days of battling for his life at Raja Permaisuri Bainun Hospital in Ipoh.