BUKIT MERTAJAM, Jan 29 ― The 24-year-old Nepali woman whose abortion conviction was overturned by the Penang High Court earlier this month claimed trial to the offence today.

Nirmala Thapa, who was charged a second time for the same offence after the court quashed her conviction, entered her plea today at the Sessions Court here through a qualified Nepali interpreter.

Sessions Court judge M. Vijayalakshmi fixed February 5 for mention of the case and for both the prosecution and defense to exchange case documents.

She also fixed February 26 for hearing after the lead defense counsel E. Gnasegaran asked for an early date as Nirmala is now under the care of the Nepali embassy and human rights groups.

The unemployed migrant was charged with conducting an act to prevent a child from being born alive without the intention of saving her own life as the mother.

In the charge under Section 315 of the Penal Code, Nirmala faces up to 10 years jail or a fine or both upon conviction.

She allegedly committed the offense at about 3pm on October 9 last year at Poliklinik Ng in Bukit Mertajam.

Nirmala, who used to work in a factory here, was convicted and sentenced to one year's jail on November 12 last year by the Bukit Mertajam Sessions Court.

She appealed against the conviction and sentence and on January 11, the Penang High Court quashed the conviction.

Judicial Commissioner Datuk Nordin Hassan overturned the conviction after finding out that Nirmala had been charged and convicted without a Nepali interpreter and without being made to understand the full consequences of her initial guilty plea to the charge.

He ordered her to re-enter her plea for the charge at the lower court. Nirmala was charged at the Sessions Court a day later on January 12 but did not record her plea, pending the court’s preparation of a Nepali interpreter.

Nirmala, who is now out on bail, is believed to be the first woman in Malaysia to be charged and convicted for abortion.

Abortion is permitted under Section 312 of the Penal Code where there is an exception for a registered medical practitioner to terminate a pregnancy if the medical practitioner is of the opinion that the continuance of the pregnancy would involve risk to the life, physical and mental health of the pregnant woman.