PETALING JAYA: The parents of deceased autistic boy Zayn Rayyan Abdul Matin have applied to quash the charges against them, citing that they were incomplete.
Zaim Ikhwan Zahari and Ismanira Abdul Manaf, who are standing trial on charges of neglecting the six-year-old which had likely caused him physical harm, have asked to be discharged and acquitted immediately.
They claimed in the notice of motion filed on Jan 21 that the charges fail to disclose any offence under Section 31 of the Child Act 2001 and failed to comply with Sections 153 and 154 of the Criminal Procedure Code.
They claimed that their constitutional rights to a fair trial, guaranteed under Articles 5 and 8 of the Federal Constitution, have been violated, Bernama reported.
Their lawyer Haresh Mahadevan informed trial judge Dr Syahliza Warnoh yesterday that the notice of motion was filed at the Shah Alam High Court.
“We also submitted a copy of the application to the Attorney General’s Chambers via e-mail.
“Therefore, the defence seeks a stay of the trial pending the hearing of the notice of motion, as proceeding with the trial would otherwise render it futile,” Haresh said during the case mention at the Sessions Court here yesterday.
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin confirmed that the prosecution had received the notice of motion.
The court set Jan 28 for case management to allow the defence to update it on the status of the notice of motion.
Among other grounds stated in the notice, the couple contends that the charges lack sufficient particulars regarding any elements of the offence under the same provision.
They further alleged that the charges constitute an abuse of the court process and have caused them significant prejudice, resulting in a miscarriage of justice that warrants the dismissal and annulment of all charges.
On June 13 last year, Zaim Ikhwan and Ismanira pleaded not guilty in the Sessions Court to the charges.
The offence allegedly occurred along PJU Damansara Damai between noon on Dec 5 and 9.55pm on Dec 6, 2023.
Zayn Rayyan was reported missing on Dec 5, 2023, and his body was discovered in a stream near his home at Apartment Idaman, Damansara Damai, the following day.
