PETALING JAYA: The Attorney General's Chambers (AGC) has rejected the representation by the parents of autistic child Zayn Rayyan Abdul Matiin to dismiss a charge of child neglect, at the Sessions Court here on Friday (Dec 6).
During the proceedings, Deputy Public Prosecutor Raja Zaizul Faridah Raja Zaharudin said that the lawyers representing Zaim Ikhwan Zahari and his wife, Ismanira Abdul Manaf, had submitted the representation on Nov 19.
"The AGC rejected their application today, so I suggest that the trial date set in the previous proceedings be maintained," he said before judge Dr Syahliza Warnoh.
On June 13, the couple pleaded not guilty to a joint charge of neglecting the child, as the custodians of the six-year-old boy, in a manner likely to cause physical injury.
The offence was allegedly committed around Damansara Damai here from noon on Dec 5 until 9.55pm the following day.
The charge, under Section 31(1)(a) of the Child Act 2001 and punishable under Section 31(1), carries a fine of up to RM50,000 or imprisonment for up to 20 years, or both, upon conviction.
On Dec 6, 2023, Zayn Rayyan was found dead at a stream near Apartment Idaman, Damansara Damai.
A post-mortem found injuries on his neck and body.
Raja Zaizul Faridah said the prosecution requested Jan 10, 2025, a date agreed upon by both parties, for a mention to update all documents related to the case before the trial begins.
"Compact discs (CDs) related to the case have yet to be handed over as they are still with the forensic department. The prosecution will provide all requested CDs and other documents, if any, before the proposed mention date,” he said.
Lawyer Haresh Mahadevan, representing Zaim Ikhwan and Ismanira, said that apart from the CDs, a forensic report related to an autopsy, which includes samples taken from the deceased body for analysis, has yet to be handed over to the defence.
"Regarding the previously scheduled trial dates, we request the court to vacate Jan 21 to 24, 2025, as we have a hearing involving a police officer.
"We have informed the prosecution, and there are no objections. Alternative dates have also been arranged,” he said.
Judge Syahliza said the prosecution must provide the defence with all relevant documents, including the CDs and forensic report, before the case mention on Jan 10.
"The court also vacates the previously scheduled trial dates from Jan 20 to 24. The trial will now take place from Feb 3 to 7, followed by Feb 17 to 21 and March 10 to 14,” she said.
Speaking to reporters later, Haresh said he had just been appointed to represent Zaim Ikhwan and Ismanira yesterday.
"My clients want to clear their names and are looking forward to the trial starting in February,” he said, adding that the previous representation was submitted by their former lawyer on Nov 19.
Meanwhile, lawyer Fahmi Abd Moin, when contacted, said he ceased representing the couple on Dec 4 following instructions from the accused.
On Dec 6, 2023, Zayn Rayyan’s body was found lying in a stream near his home in Idaman Apartment, Damansara Damai, near here after being reported missing the day before.
The child is believed to have been murdered when the autopsy results revealed signs of self-defence injuries on his neck and body. – Bernama
