SHAH ALAM: The parents of autistic child Zayn Rayyan Abdul Matin, who was found dead in a stream near where he lived in Selangor, will be tried for the tragedy.
Zaim Ikhwan Zahari, 30, and Ismanira Abdul Manaf, 30, failed in their bid to dismiss the charge that was levelled against them for allegedly neglecting their son in a manner that could harm him physically.
The couple was charged under Section 31 (1) of the Child Act 2001 on June 13, 2024, at the Sessions Court here.
In a judgement yesterday, High Court judge Roszianayati Ahmad dismissed the couple’s application to quash the case against them which they had filed on Jan 21.
The couple’s bid to seek an acquittal was also dismissed.
Given this, Zaim Ikhwan and Ismanira will be tried as scheduled for the offence at the Petaling Jaya Sessions Court on March 11.
“The court has examined the notice of motion that was filed, and has decided to reject this application.
“The court did not find any defects in the charge and it meets the essence of the offence,” said Roszianayati.
The judge also held that it was the law’s requirement to allow the applicants to receive sufficient notice to reply to the charge and prepare their defence.
Roszianayati said the charge levelled against the applicants, who had custody of Zayn Rayyan, six, stated they had allegedly neglected the child in a manner likely to cause him physical harm.
The judge added that the court found the charge drafted had given the applicants enough time to reply to it.
“The prosecution has the burden to prove how the neglect had taken place, through the evidence presented, as well as the burden to prove the neglect involved must be one that was likely to cause injury to the child.
“Hence, I dismiss this application,” she said.
The offence was allegedly committed along Jalan PJU, Damansara Damai, from noon on Dec 5, 2023, to 9.55pm the next day.
On Dec 6, 2023, Zayn Rayyan was found dead in a stream near Pangsapuri Idaman, Damansara Damai, at 10pm.
The child was previously reported missing before being found lying about 200m from his residential block.
On Jan 21, the couple filed a notice of motion at the High Court here to quash the charge on the grounds that it did not disclose any offence under Section 31 of the Act.
