PETALING JAYA: Relentless social media posts on the controversial murder case of six-year-old Zayn Rayyan Abdul Matiin has prompted the defence team of his parents to seek a gag order at the Sessions Court.
Lawyer Fahmi Abdul Moin, who represented Zaim Ikhwan Zahari, made an oral application to obtain a gag order against the public not to make posts that could tantamount to sub judice in the case.
On Thursday, Zaim Ikhwan and his wife Ismanira Abdul Manaf were jointly charged with child negligence under the Child Act 2011.
Zayn Rayyan was found dead near a stream in Damansara Damai on Dec 6 last year.
"Just before they were charged this morning, there were many rapid fire posts on social media and this affected them severely.
ALSO READ: Zayn Rayyan's murder: Parents claim trial to child neglect charge
"We seek a gag order (barring) any party (who posts on the case)," Fahmi said during the proceedings after the couple was charged.
Deputy Public Prosecutor Ku Hayati Ku Haron said the prosecution would leave it to the judge's discretion but also made an application to bar the couple from making posts on their social media accounts on the case.
Fahmi replied that the defence agreed to the prosecution's application and reiterated that they would seek a gag order on the public.
ALSO READ: Infographic: The twists and turns of the Zayn Rayyan case
DPP Ku Hayati responded that such an application was "too general" and that although there was limitation, freedom of speech was enjoyed by everyone.
"If there is a violation (of the order on the public at large), what kind of remedy can be taken?
"When it comes to a gag order, we usually have a specific target group," she said.
ALSO READ : Zayn Rayyan’s murder: Grandparents to be released on police bail
Sessions Court judge Dr Syahliza Warnoh then made an order for a gag on parties involved in the case from posting about the case.
Zaim Ikhwan and Ismarina were jointly charged, as persons having the care of Zayn Rayyan, to have neglected him in a manner likely to cause him physical injury.
The offence was allegedly committed around Jalan PJU, Damansara Damai, near here, between 12pm on Dec 5 and 9.55pm on Dec 6, last year.
The couple were charged under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, and face a maximum fine of RM50,000 or imprisonment of up to 20 years or both, upon conviction.
They were allowed a RM10,000 bail in one surety each.
