Dad is identified as TOMLI UJIN.
Abusing son: Young father jailed 6 years
Published on: Wednesday, August 08, 2012
Kota Kinabalu: A 24-year local who slapped, punched, kicked, bit and hurled his 16-month-old son on the floor as well as burnt him with cigarette butts was jailed a total of six years by the Magistrate's Court.
Magistrate Cindy Mc Juce Balitus sentenced Tomli Ujin to three years' jail on each count against him when he changed his plea and admitted to his crime, Tuesday.
However, Balitus ordered Tomli to serve the jail sentences concurrently from the date of his arrest.
On the first count, Tomli, who is currently serving sentence for taking drugs, had abused his son between June 10 and 25 in a house at Kg Tunoh, Penampang.
The offence, under Section 31(1)(a) of the Child Act, carries a fine of up to RM20,000 or jail term of up to 10 years, on conviction.
On the second count, he caused grievous hurt to the child at the same place and time.
In his mitigation, Tomli, who was not represented, applied for a lenient sentence, saying no one will take care of his elderly parents.
But Inspector Azaman Hamat, who prosecuted the case, urged the court to impose a heavy sentence on the grounds that it is a serious offence where a father had extremely abused his own child.
"During the crime, Tomli was also under the influence of drugs," Azaman said.
Azaman, in presenting the facts of the case, told the court that the incident came to light when the complainant of the case, Dr Vasanthakumar Selvara, was treating a child aged 16 months and found the child injured on his chest, head, left arm, both legs, stomach and backbone.
Based on the injuries suffered by the child, Dr Selva suspected the child had been abused by someone and lodged a police report.
Azaman said investigations found that Tomli, who is the victim's father, had abused his son two weeks before he was taken to hospital.
The court heard that he resorted to the abuse after his sleep was disturbed by the child's endless crying.
Azaman told the court that Tomli slapped and punched the victim's face and head and bit his right ear as well as kicked and hurled the victim on the wooden floor and against the cabinet.
The child's mother, who gave a milk bottle to the victim to stop his crying, tried to stop Tomli but to no avail.
The investigation also revealed that Tomli had squashed cigarette butts on the child's hand, palms and feet.
Azaman said the child was sent to the hospital by his grandfather a week later, after noticing the injuries suffered by the child.