Photo: Bernama
KUALA LUMPUR: The parents of Zayn Rayyan Abdul Matin have applied to be immediately acquitted of a charge of neglecting him at the Shah Alam High Court, Malay language daily Sinar Harian reports.
Zaim Ikhwan Zahari and his wife, Ismanira Abdul Manaf, both 30, as the applicants, made the request in a notice of motion filed through a legal firm (Messrs Wong and Co), naming the prosecution as the respondents.
Based on the notice of motion, the couple applied for the case to be dismissed on the grounds that the charges, made on June 13, 2024, did not disclose any offence under Section 31 of the Child Act 2001.
They claim it does not contain sufficient information regarding the elements of the alleged offenses.
"Therefore, both accused as applicants have been seriously prejudiced, thus making the criminal charge an abuse of the court process," said a document obtained by Sinar Harian at the court on Thursday (Jan 23).
Through a supporting affidavit filed with the notice of motion, they claimed to have not found details of the alleged offences.
According to them, the absence of these important facts meant they were unable to give instructions to their lawyers.
"Following that, we did not know how to defend ourselves, causing us to fail to prepare a defence," it said in the supporting affidavit obtained from the defence.
According to the applicants, the charges did not comply with Sections 153 and 154 of the Criminal Procedure Code (CPC), resulting in them not being given the constitutional right to a fair trial under Articles 5 and 8 of the Federal Constitution.
During the proceedings at the Sessions Court here on Thursday (Jan 23), lawyer Haresh Mahadevan, who represented Zaim Ikhwan and Ismanira, confirmed that he had submitted the notice of motion to the High Court and the Attorney General's Chambers via email.
He (Haresh) asked the court to postpone the trial, which was set to begin on Feb 3.
"If the trial continues without a decision from the High Court, then the proceedings in this case at the Sessions Court will be in vain," he said.
Deputy Public Prosecutor Raja Zaizul Faridah Raja Zaharudin confirmed that he had received the application from the defense.
The prosecution argued that the notice should be dealt with first before the proceedings begin.
"The application was submitted two days ago, so it will not be heard in the near future.
"We leave it to the court regarding the trial dates set from Feb 3 to 7," he said.
After hearing the application, Judge Dr Syahlizah Warnoh set Jan 28 for case management on the status of the notice application.
Zayn Rayyan, six, who was autistic, was reported missing from his home at Idaman Apartment, Damansara Damai, on Dec 5, 2023, and was found dead the next day.
On June 13 last year (2024), his parents, Zaim Ikhwan and Ismanira, pleaded not guilty to one charge each of neglecting Zayn Rayyan in a manner that could have caused physical injury around Jalan PJU 10/1 Damansara Damai from noon on Dec 5, 2023, until 9.55pm the following day.
The charge is brought under Section 31(1)(a) of the Child Act 2001 and punishable under Section 31(1) of the same Act, read together with Section 34 of the same code, which provides for a maximum fine of RM50,000 or imprisonment not exceeding 20 years, or both, upon conviction.
