Lawyer wants Sofina Nikat’s murder charge downgraded to infanticide
A MOTHER accused of murdering her 14-month-old daughter was told the child was possessed by an evil spirit, court documents reveal.
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A MOTHER accused of murdering her 14-month-old daughter was told by an Imam the child was possessed by an evil spirit, court documents reveal.
Sofina Nikat, 23, was today committed to stand trial for the murder of her daughter Sanaya Sahib, whose body was found in Darebin Creek on April 10.
A police summary released by the Melbourne Magistrates’ Court says Ms Nikat was struggling to adjust to motherhood and life in Australia after migrating from Fiji for an arranged marriage to her husband, Abdul Sahib.
The summary says Ms Nikat found little Sanaya — who suffered a seizure a week before she was killed — irritable and demanding, and her family in Fiji turned to a local Imam for guidance.
“The accused parents explained that the priest had determined that the deceased had negative energy and was possessed by an evil spirit,” the summary says.
“Within Islam there is a strong belief in the spirit world. This practice of eradicating evil spirit is known as ‘ruqya’.”
Ms Nikat’s family sent lockets from the Imam along with prayers to “remove the negative energy and evil spirit”, documents allege.
“The accused was also sent a prayer to place in water, thus making the water holy, to cleanse the deceased and the accused, in an attempt to rid the negative energy and evil spirit,” the summary says.
Ms Nikat initially told police her daughter had been snatched by a man she described as of African appearance and smelling of alcohol.
But after her arrest, Ms Nikat told police on April 12 she had struggled with her daughter and had little support in Australia, court documents reveal.
She also said Sanaya would scratch herself, pull out her hair, and “look at the roof and cry and growl”.
The documents also reveal Ms Nikat’s marriage was crumbling at the time of Sanya’s killing and she felt unfairly criticised.
Defence barrister Chris Dane QC said reports by two psychiatrists indicated Ms Nikat was mentally ill at the time of the killing.
“Each (psychiatrist) agrees that this is an infanticide case. Neither say that this is a murder case,” said Mr Dane.
One report, prepared for the prosecution by NSW psychiatrist Dr Yvonne Skinner, found Ms Nikat’s “balance of mind was disturbed”.
Infanticide is a rare charge designed for mentally ill mothers who kill their young children and carries a maximum penalty of five years jail.
But prosecutor Kerri Judd SC told Magistrate Luisa Bazzani the case should proceed as a murder trial.
“It is certainly not the Crown position that this an infanticide case. The accused should be committed for murder,” Ms Judd said.
Homicide detective Sen-Sgt Stuart Bailey told the court Ms Nikat was diagnosed with post-natal depression in December 2014 and she had expressed suicidal thoughts to him.
Ms Bazzani said it was for a higher court to decide whether Ms Nikat should be prosecuted for infanticide and committed the 23-year-old to stand trial for murder.
Ms Nikat pleaded not guilty and was remanded in custody to appear at the Supreme Court on Friday for a directions hearing