SHAH ALAM: The High Court here on Tuesday fixed March 4 to decide on an application 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.
Judge Roszianayati Ahmad set the date after hearing the submissions by Deputy Public Prosecutor Raja Zaizul Faridah Raja Zaharudin and lawyer Marcus Lee, representing the couple, Zaim Ikhwan Zahari and Ismanira Abdul Manaf.
Last Jan 21, the couple filed a notice of motion at the Shah Alam High Court seeking to quash the charges against them, along with an immediate release, contending that the charges failed to disclose any offence under Section 31 of the Child Act 2001.
Lee submitted that the charges made against his clients were defective and vague because they did not comply with Section 154 of the Criminal Procedure Code.
"The charge against them, for neglecting the child in a manner likely to cause him physical injury, did not state how such neglect may or may not cause injury.
"It is possible that there was neglect but it is not possible that neglect caused the injury. The 'manner' of the crime must be stated in the charge just as the word 'manner' is included in the charge against them," said the lawyer.
Raja Zaizul Faridah, in her submission, stated that details of the elements of Section 31 (1) (a) of the Child Act 2001 need to be proven by the prosecution, which includes the victim is a child under the age of 18, the accused has custody of the victim and the accused neglect of the victim caused the victim to suffer physical and emotional injury.
She said the charges against the two applicants were clear, not vague, not defective and met the provisions under Section 152 and Section 153 of the Criminal Procedure Code.
"This case has been tried in the (Petaling Jaya) Sessions Court and so far, the prosecution has called 20 witnesses to testify. The trial will continue on March 11 and we may call 10 more prosecution witnesses.
"Most of the prosecution witnesses have been cross-examined by the lawyers. If the charges against these applicants are vague and defective, how can they (lawyers) cross-examine the prosecution witnesses? The charges are clear and not defective then," she said, adding that the application by the couple to quash the charges was baseless, without merit and academic.
Raja Zaizul Faridah said there was no need for the prosecution to give details of how the offence was committed because that involves the evidence that will be presented by the prosecution witnesses.
Last Feb 3, the Petaling Jaya Sessions Court dismissed the defence’s preliminary objection, which contended that the charge against Zayn Rayyan Abdul Matin’s parents of neglecting their six-year-old autistic son in a manner likely to cause physical harm, was defective.
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 9.55pm 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-defence. - Bernama
