KUALA LUMPUR: The High Court here on Thursday (Nov 28) dismissed an application by Rumah Bonda founder Siti Bainun Ahd Razali to postpone the execution of a 12-year prison sentence for neglecting and abusing a girl with Down syndrome, known as Bella, three years ago, Malay language daily Sinar Harian reports.
Judge Datuk Azhar Abdul Hamid made the decision after lawyer Asyraaf Abu Bakar Hamzah, representing Siti Bainun, 32, informed the court that the defence intended to withdraw the application.
During the proceedings, Asyraaf said that Siti Bainun wanted to withdraw the application at the High Court here that was filed on June 6 last year.
"We want to focus on the appeal at the Court of Appeal in Putrajaya," he said.
In this proceeding, the prosecution was represented by Deputy Public Prosecutor Syajaratudur Abd Rahman.
Meanwhile, the date for the appeal to set aside the conviction and sentence at the Court of Appeal has not yet been set.
On May 2 last year, Judge Datuk Noorin Badaruddin (now a Court of Appeal judge) upheld the conviction and 12-year prison sentence against Siti Bainun.
She made the decision after rejecting her appeal to set aside the conviction and sentence handed down by the Sessions Court here in May 2023.
However, the judge directed the defence to file a new application to suspend the execution of the 12-year prison sentence if necessary.
On May 3, 2023, Sessions Court Judge Izralizam Sanusi sentenced Siti Bainun, who is active in community activities, to 12 years in prison after finding her guilty on two charges of neglecting and abusing Bella, 13.
The court ordered the defendant to serve the sentence immediately at Kajang Prison, after rejecting her application to postpone the sentence.
The court also ordered Siti Bainun to sign a good behaviour bond for five years with one guarantor and bail of RM5,000 and to perform 200 hours of community service that must be completed within six months after the end of her prison sentence.
Siti Bainun was charged with neglecting and abusing the victim, causing the teenage girl with Down syndrome to suffer physical and emotional injuries in a condominium unit in Wangsa Maju, between February and June 2021.
Both charges were made under Section 31(1)(a) of the Child Act 2001 which carries a maximum penalty of 20 years' imprisonment or a RM50,000 fine or both.
