KUALA LUMPUR: The High Court here described the founder of Rumah Bonda, Siti Bainun Ahd Razali, as having made baseless accusations against the Sessions Court Judge Izralizam Sanusi (HMS) who heard the case of neglect and abuse of a Down syndrome teenager known as Bella.
Judge Datuk Noorin Badaruddin said several eyewitnesses and medical experts had testified for the prosecution in the case.
"At this stage, this court finds that there are unfounded allegations made by the appellant (Siti Bainun) against the Sessions Court Judge in her written submission.
"The prosecution has drawn this court's attention to the appellant's submission that the Sessions Court judge has added facts, concealed evidence by summarising the proceeding notes, been biased by 'pick and choose' evidence presented by witnesses, when in fact, she (appellant) had never made an application to compare proceedings notes,” Noorin said in her judgment dated Sept 6, which was obtained by the media on Monday (Sept 9).
She said the court views seriously unfounded allegations against a judge and after examining the evidence notes and proceedings in the Sessions Court.
"There are no circumstances and grounds that could have been shown by the appellant to justify the allegations against the Sessions Court judge who made a decision in accordance with the law under Section 31(1)(a) of the Child Act 2001,” she said.
Noorin said the court was satisfied that the judge did not err in finding that the third element of the charge (that the victim had suffered physical and emotional harm while in the care of the appellant) had been met by the prosecution.
She said after examining the testimony of the fifth prosecution witness (Yasmin Nahar Mahmood) and the eighth prosecution witness (Suhana Zam), which the defence disputed, the court found it difficult to believe that these two witnesses fabricated their stories against the appellant.
According to Noorin, the testimonies of these two witnesses (Yasmin and Suhana) were supported by medical testimony or independent evidence, which is consistent with evidence that the injuries sustained by the victim were not an accident.
"This court finds that there is no evidence or circumstances to show that the fifth and eighth prosecution witnesses have the motive to backstab the appellant unless they themselves have witnessed the injury suffered by Bella, which, according to Yasmin, was done on the orders of the appellant,” Noorin said.
On May 2, the High Court upheld the conviction and a 12-year prison sentence against Siti Bainun after rejecting her appeal to set aside the conviction and sentence imposed by the Kuala Lumpur Sessions Court.
On May 3, 2023, the Sessions Court Judge Izralizam Sanusi sentenced Siti Bainun to 12 years in prison after finding her guilty of two counts of neglecting and abusing Bella, 13, and ordered her to serve the prison sentence immediately, after rejecting her request to stay the sentence. She was sent to the Kajang Prison to serve her prison sentence.
The court also ordered Siti Bainun to sign a five-year good behaviour bond with a surety and a bond of RM5,000 and perform 200 hours of community service, which must be completed within six months after the end of her prison sentence.
Siti Bainun was charged with neglecting and mistreating the victim, resulting in the Down syndrome girl suffering physical and emotional injuries in a condominium unit in Wangsa Maju between February and June 2021.
The two charges were made in accordance with Section 31(1)(a) of the Child Act 2001, which can carry a maximum sentence of 20 years in prison or a fine of RM50,000 or both. – Bernama
