SHAH ALAM: The High Court here set Feb 25 to hear submissions on a motion filed by Zayn Rayyan Abdul Matin’s parents seeking to quash the charge of neglecting their autistic son in a manner likely to cause physical harm.
High Court Judge Roszianayati Ahmad ruled on the application by Zaim Ikhwan Zahari and Ismanira Abdul Manaf, who are currently on trial at the Petaling Jaya Sessions Court on Tuesday (Feb 4).
Deputy public prosecutor Aqharie Durranie Aziz informed the court that the prosecution had submitted an affidavit in reply earlier this morning and was prepared to present its arguments on the scheduled date.
Earlier, the court dismissed the defence’s oral application to stay the trial pending the outcome of the motion.
The couple’s lawyer, Lavanesh Haresh Mahadevan, contended that the stay was necessary to safeguard the integrity of the motion, given the pressures arising during the ongoing trial.
"If I may, considering that the first day of the trial commenced yesterday with only one witness called, my request for a stay of those proceedings by invoking the inherent power of this court is warranted.
"A simple point I would like to make is - can a notice of motion retain its integrity, and can a correct decision be made by this court with external pressures, such as a trial proceeding in the Sessions Court?" he said.
However, Aqharie Durranie objected to the submission, arguing that the defence had already filed an application for a judicial review on Friday (Jan 31) to stay the trial, which had been dismissed.
Roszianayati subsequently rejected the oral application, ruling that the defence had already filed a separate application for a judicial review of the stay in another court.
On Monday (Feb 3), the Petaling Jaya Sessions Court dismissed the defence’s preliminary objection, which alleged that the charge against the couple was defective.
On Jan 21, the couple filed a notice of motion at the Shah Alam High Court seeking the dismissal of the charges against them, along with an immediate discharge and acquittal, contending that the charges failed to disclose any offence under Section 31 of the Child Act 2001.
On June 13 last year, Zaim Ikhwan and Ismanira, both aged 30, pleaded not guilty in the Sessions Court to a charge of neglecting their six-year-old autistic son in a manner likely to cause physical harm.
The offence allegedly occurred along PJU Damansara Damai between noon on Dec 5 and 9.55 pm on Dec 6, 2023.
They were charged under Section 31(1)(a) of the Child Act 2001, which is punishable by a maximum fine of RM50,000, imprisonment of up to 20 years, or both upon conviction.
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.
He was believed to have been murdered, and an autopsy revealed injuries to his neck and body, consistent with self-defense. – Bernama
