Exorcism death fine 'insufficient'
The family of Chua Wan Xuen pleaded not guilty over charges of causing the three-year-old's death during a botched exorcism in Butterworth, Penang.
New Straits Times
Monday, Aug 05, 2013
MALAYSIA - The RM55,000 (S$21,000) fine imposed on a family, who caused the death of a toddler in an exorcism ritual that went wrong almost a year ago, has been described as a slap on the wrist that does not commensurate with the gravity of the offence.
Penang Bar Committee criminal law chairman Ranjit Singh Dhillon yesterday said the Butterworth Sessions Court's decision on Friday to fine the family was inadequate compared with the offence and that the prosecution should file an appeal against the sentence.
He said the family members charged with causing death by a negligent act not amounting to culpable homicide should have been sentenced to a jail term as well.
He said toddler Chua Wan Xuen's parents, who face a second charge of exposing their child in a manner likely to cause physical hurt, should face time behind bars.
"Public interest demands it. It cannot be just a fine."
Ranjit said exorcism was not a valid defence under any criminal jurisdiction in the world and that the only legal defence for the accused in the case was insanity.
He added that the family pleaded guilty only after the prosecution had established a prima facie case against them.
"Their plea is valueless as a mitigation factor.
"The odds are stacked against them.
"Everyone wants to plead for sympathy, but bleeding hearts can go only so far, considering what was done to the child, who was only 2 years and nine months old then."
On Friday, the court fined Wan Xuen's parents, Chua Seng Ban and Lim She Lee, both 35; her uncle, Chua Seng Hoo, 29; aunt, Chua Ah Luan, 40; and grandmother, Ong Soh Guat, 67, RM10,000 each in default of five months' jail.
Wan Xuen's cousin, Loke Xim Lin, 21, was fined RM5,000 in default of two months' jail.
Another cousin, 16, was let off on a bond of good behaviour for two years for RM3,000 in one surety.
The teen was ordered to report to the Welfare Department every month.
The sentences were passed by judge Musyiri Peet after all seven pleaded guilty to the charges upon entering their defence.
The seven, together with their Indonesian maid, who testified as a prosecution witness, were found pinning down Wan Xuen in their house in Bukit Tengah, near Bukit Mertajam, on Aug 5 last year between 7.50pm and 10.52pm.
They were caught in the act by policemen, who had stormed into the house following a complaint made by one of Wan Xuen's uncles.
During the trial, the court heard that a post-mortem had revealed that Wan Xuen had suffocated to death.
