SHAH ALAM: The High Court here will decide on March 4 over a motion filed by the parents of the late autistic child Zayn Rayyan Abdul Matin to drop the charge of child neglect against them.
Justice Roszianayati Ahmad fixed the date after hearing submissions from both the defence and the prosecution regarding the validity of the charge.
Defence counsel Marcus Lee, who was representing the child’s parents, Zaim Ikhwan Zahari and Ismanira Abdul Manaf, contended that the charge against his clients was flawed.
He said it did not meet the mandatory requirements under Section 154 of the Criminal Procedure Code.
“Our primary complaint is that the charge is defective. The charge states that my clients neglected their child in a manner likely to cause physical injury.
“However, under Section 31(1) of the Child Act 2001, the emphasis is on whether the alleged neglect was committed and whether it was likely to have caused physical injury,” he argued at the High Court yesterday.
Lee stressed that the manner in which the crime was committed must be clearly specified in the charge to establish the actus reus (guilty act).
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin countered the defence’s arguments.
“The issue raised by the defence concerns an allegedly defective charge, which they claim is unclear.
Awaiting a decision: Zaim Ikhwan and Ismanira leaving the Shah Alam High Court. — KK SHAM/The Star
“However, under Section 31(1)(a) of the Child Act 2001, the prosecution only needs to prove three key elements, which are firstly, that the victim is a child under 18 years old.
“Secondly, the accused had custody of the victim. Lastly, the accused neglected the child, resulting in physical or emotional injury,” she explained.
She added that the charge mirrors the exact language of the law, including the word “likely”, which is explicitly stated in the statute.
“In this case, the trial in the Sessions Court is already underway and the prosecution has called 20 witnesses, with at least 10 more expected to testify in March.
“Many of these witnesses have already been cross-examined by the defence team,” she added.
Raja Zaizul said if the charge was vague, the defence would not have been able to effectively cross-examine prosecution witnesses.
On June 13, 2024, Zaim Ikhwan and Ismanira, both 30, pleaded not guilty at the Petaling Jaya Sessions Court to charge of neglecting their six-year-old autistic child in a manner likely to cause physical harm at Jalan PJU, Damansara Damai, between noon on Dec 5 and 9.55pm on Dec 6, 2023.
The charge, 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 Penal Code, carries a maximum fine of RM50,000 or up to 20 years’ imprisonment, or both, upon conviction.
On Dec 6, 2023, Zayn Rayyan’s body was found in a stream near his home at Apartment Idaman, Damansara Damai, a day after he was reported missing.
The child was believed to have been murdered as a post-mortem revealed injuries to his neck and body to be consistent with self-defence wounds.
On Jan 21 this year, the child’s parents filed a notice of motion at the Shah Alam High Court seeking the dismissal of the charge against them, contending that the charge failed to disclose any offence under Section 31 of the Child Act 2001.
On Feb 3, the Petaling Jaya Sessions Court dismissed the defence’s preliminary objection, which had alleged that the charge made against the couple was defective.
