Death of Heidelberg West toddler Sanaya Sahib was infanticide, not murder, court told
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A woman who killed her 14-month-old daughter in Melbourne's north-east has pleaded not guilty to murder, with lawyers arguing her postnatal depression pointed to infanticide.
Sofina Nikat, 23, has been committed to stand trial for the murder of toddler Sanaya Sahib, who was found dead in a creek at Heidelberg West last year.
The court heard Nikat had admitted killing her daughter by covering her airways and throwing her into the water.
Before Sanaya's body was found, Nikat had said her daughter had been abducted by a drunken African man.
Defence barrister Chris Dane QC argued the evidence of the mother's postnatal depression pointed to infanticide rather than murder.
Magistrate Luisa Bazzani ruled there was sufficient evidence to prosecute a charge of murder. Nikat then entered a plea of not guilty.
Forensic pathologist Dr Victoria Francis earlier told the Melbourne Magistrates' Court the child had injuries to her face and the front and back of her body, but autopsy results were inconclusive about the precise cause of death.
Dr Francis said Sanaya had injuries inside and around her mouth that were consistent with external compression of her airways.
She said drowning could not be excluded as a cause of death, as the child's body had been found face down in the creek.
Nikat wiped away tears with a tissue as her child's injuries were described to the court.
Mother had suicidal thoughts, court told
The court was told Nikat suffered postnatal depression and had a strained relationship with the child's father.
In November 2014 she took out an intervention order against him.
Her friends told police she had discussed suicide and she had also told police she wanted to kill herself.
In one psychiatric report submitted to the court, Dr Yvonne Skinner concluded Nikat's actions were in line with infanticide rather than murder.
Infanticide, where a parent kills a child under two years of age, carries a maximum penalty of five years in jail.
Topics: law-crime-and-justice, courts-and-trials, melbourne-3000, heidelberg-west-3081, vic
