Former preschool teacher who kicked 4-year-old girl sentenced to 4 days' jail

SINGAPORE: A former preschool teacher who kicked a four-year-old girl in a kindergarten classroom was sentenced to four days' jail on Tuesday (Aug 19).  

Alamelu Paramaguru got angry because she felt that the girl, who was sitting on the floor, had nearly tripped her. 

The 57-year-old Singaporean earlier pleaded guilty to a charge of ill-treating a child under the Children and Young Persons Act.

Both the kindergarten and the victim cannot be named to protect the child's identity. 

The Early Childhood Development Agency (ECDA), which oversees the early childhood sector in Singapore, told CNA that the preschool had suspended the educator from her duties immediately after its investigations into the case.

"The educator subsequently resigned and has not worked in the preschool sector since," it said, adding that she has been barred from working in the preschool sector. 

WHAT HAPPENED 

On Apr 2 last year, Alamelu – referred to as "Teacher Meloo" in school – was in charge of the Kindergarten 1 class.

At about 11.55am, she sanitised the sleeping cots and placed them on the floor in preparation for the children to nap. 

She instructed a group of students, including the victim, to move away from a corner of the classroom where she wanted to place cots. The victim remained seated on the floor while the others moved.

After Alamelu shifted a cot to the corner, she turned and felt that she had nearly tripped over the child, although she did not trip or fall.

Angry, she forcefully kicked the girl on her right shin while scolding and shouting at her to sit properly. She did not attend to the girl even after the child hugged her right leg in pain. 

That evening, when her mother was picking her up from the preschool, the girl told her about the incident. The mother saw a bruise on the girl's leg and immediately spoke to the other teachers, since Alamelu had left for the day.

The teachers said they would raise the matter with the principal the next day. The mother filed a police report that same night.

The girl was seen at KK Women's and Children's Hospital with a bruise measuring 1cm by 1cm. She was given two days of medical leave and some cream to apply for treatment.

During investigations, Alamelu said she could not remember what had happened when asked if she had done anything to the girl. She said that "unconsciously", her foot could have touched or made contact with the girl's leg.

FEAR OF TRIPPING DUE TO POOR VISION

During the arguments for the sentence to be meted out, Deputy Public Prosecutor Timotheus Koh sought five to seven days' jail.

Alamelu's lawyer Jonathan Wong from Tembusu Law proposed a fine or a combination of a fine with a bond for good behaviour.  If the court thought a jail term was warranted, he asked for no more than five days' jail. 

In mitigation, Mr Wong said that the force used on the child was not significant and that Alamelu's reaction had been instinctive without any premeditation or planning on her part. The culpability was as short as the time it took for her to react, he argued.

He also said that his client was blind in one eye and had partial vision in the other due to glaucoma. It is an eye condition where damage to the optic nerve results in the gradual loss of vision and can lead to blindness if untreated. 

"The defence submits that Alamelu's poor vision has made her highly cautious and fearful of tripping, leading to a (heightened) sense of awareness," Mr Wong argued. "As such, Alamelu had overreacted to the situation given her fear and visual impairment."

Adding that his client had been in the early childhood education industry for around 30 years with an unblemished track record, he said: "This is the first and only – and now, sadly, the last – incident of her having any interaction with the people and community that she has devoted her life to serving." 

In response to the defence, the prosecution said that Alamelu's visual impairment did not affect her ability to exercise self-control and restraint. 

Mr Koh pointed out that the impairment should have increased her empathy and understanding of another vulnerable person, but this was "not how it played out" in this case. 

Likewise, for the argument about Alamelu's lengthy career, Mr Koh said that this showed how the accused was not a young or immature caregiver. As an experienced teacher, she ought to have known that she was expected to control her frustrations and not to lay her hands on children.

He argued that not imposing a jail term could "send the wrong message". 

"A fine in this case would be a slap on the wrist, sending the message that you can pay a monetary penalty when you kick a child, especially a child who is so young and when you are .... (entrusted) to care for a child instead of harming her," Mr Koh added. 

JUDGE'S REASONS FOR A SHORT JAIL TERM 

In his sentencing statements, District Judge Koo Zhi Xuan said that a teacher who ill-treats a child breaches both personal and professional trust, which would typically warrant severe sentences.

"At the same time, the court recognises the demanding responsibilities placed on preschool teachers, who are often responsible for the care of many children simultaneously. 

"In this high-stress environment, frustration or fatigue may lead to momentary lapses in judgment," he added. 

Although this could not excuse ill-treatment of a child, the court should ensure that the sentence reflected the gravity of the harm, yet be tempered by a "humane consideration" of the offence and the offender's circumstances.

He noted that Alamelu had not been having an easy time leading up to the offence, since she appeared to be single-handedly managing a class of around 15 students. 

In a short period, she had to watch out for students, issue them instructions while sanitising and arranging their sleeping cots simultaneously. 

He said it was "understandable and only human" for her to have felt frustrated or angry that the victim had not complied with instructions. However, her emotions did not justify her actions. 

The court also considered that the act was isolated, that the victim was still able to complain to her mother and that her injury was not on a vulnerable part of her body, or serious.

That said, the judge did not agree with the defence that Alamelu's culpability was at the lowest end of the range.

"Had the accused caused less hurt to the victim or perhaps, more importantly, showed immediate concern towards her after the kick instead of callously scolding and shouting at her, I would likely have come to the view that a fine would suffice," Judge Koo said. 

"In the absence of these factors, I have come to the conclusion – not without some difficulty – that the appropriate sentence in the present case is a short custodial term of four days' imprisonment."

For ill-treating a child, Alamelu could have been jailed for up to eight years or fined up to S$8,000 (US$6,230), or both.