SHAH ALAM: The parents of Zayn Rayyan Abdul Matin, a child with autism, have requested the High Court here to review a decision by the Petaling Jaya Sessions Court, which denied their application to postpone the trial scheduled for this Monday (Feb 3).
Zaim Ikhwan Zahari and Ismanira Abdul Manaf, the applicants, filed a notice of motion through Messrs Haresh Mahadevan & Co at the High Court Registrar's Office, naming the prosecution as the respondent.
In the media-obtained notice, the couple, both 30, claimed that Petaling Jaya Sessions Court Judge Dr Syahliza Warnoh rejected their request to delay the trial pending the full decision on their motion to dismiss the child neglect case.
They argued that if the proceedings continue, it would cause irreparable prejudice as it involves fundamental rights and principles of justice.
"Under Section 35(2) of the Courts of Judicature Act 1964, the Sessions Court should not proceed with the trial starting Feb 3 until the application is decided by the court," they stated.
In a supporting affidavit, Zaim Ikhwan and Ismanira claimed that the Sessions Court should stay the proceedings.
They further stated that the prosecution did not oppose the request and acknowledged that the application to dismiss the charges should be decided first.
"It is not appropriate and highly disadvantageous for both the trial and the motion to dismiss the case to proceed simultaneously.
"We challenge the charges as they are flawed and baseless for trial," they added.
On June 13 last year, the couple pleaded not guilty to a charge of neglecting their 6-year-old son, Zayn Rayyan, in a manner likely to result in physical injury.
The offence allegedly took place around PJU Damansara Damai from noon on Dec 5, 2023, to 9.55pm the following day.
The charge is under Section 31(1)(a) of the Child Act 2001, punishable under Section 31(1) of the same Act, read with Section 34 of the Penal Code, which carries a fine not exceeding RM50,000, imprisonment up to 20 years, or both upon conviction.
Additionally, the court may order the convicted person to complete a bond with a surety for good behavior for a period and conditions deemed fit by the court and perform community service.
On Jan 21, Zaim Ikhwan and Ismanira filed a motion in the High Court to dismiss the charges.
They sought immediate release and acquittal from the charges, claiming the charge does not disclose any offence under Section 31 of the Child Act 2001.
On Jan 28, Judge Syahliza ordered the trial for neglecting the autistic child to proceed as originally scheduled, beginning next Monday.
The judge decided this after rejecting the defense's request to vacate the trial dates set for February and March.
Syahliza stated that since the couple's motion had not been heard in the High Court, the trial proceedings would continue as scheduled.
