PUTRAJAYA: The Court of Appeal was informed that the defence intends to call Ismanira Abdul Manaf, mother of Zayn Rayyan Abdul Matin, to testify regarding a police report she lodged implicating a prosecution witness in the case involving Rumah Bonda founder, Siti Bainun Ahd Razali.
Siti Bainun’s counsel, Haijan Omar, on Monday (May 19) advised the three-judge panel, comprising Justices Datuk Azman Abdullah, Datuk Azmi Ariffin, and Datuk Dr. Choo Kah Sing, that the defence filed a notice of motion on May 7 seeking to admit new evidence in his client’s final appeal.
"At the same time, the appellant seeks leave to call Ismanira to testify about the police report dated July 25, 2024.
"The appellant also seeks permission to recall the prosecution’s fifth witness (PW5), Yasmin Nahar Mahmood, for further examination about this report,” he submitted during the appeal against the 12-year sentence imposed on Siti Bainun, 33, for neglect and abuse of a teenage girl with Down syndrome known as Bella.
Ismanira and her husband, Zaim Ikhwan Zahari, are currently standing trial in the Petaling Jaya Sessions Court on charges of neglecting their autistic son, with the ruling scheduled for July 21.
Deputy Public Prosecutor Datin Asmah Musa confirmed that the prosecution had received the notice of motion, following which the Court fixed June 3 for case management to set the hearing date for both the notice of motion and Siti Bainun’s appeal.
In her supporting affidavit, Siti Bainun asserted that the fresh evidence had not arisen during the trial and is relevant to the grounds of her appeal.
On May 3, 2023, the Sessions Court sentenced Siti Bainun to 12 years imprisonment after finding her guilty on two charges of neglecting and abusing a 13-year-old girl with Down syndrome, Bella, ordering the sentence to be served immediately, rejecting her application for a stay of execution.
She was subsequently committed to Kajang Prison to begin serving her sentence.
The Court also ordered her to execute a five-year good behaviour bond with one surety and RM5,000 deposit, as well as perform 200 hours of community service within six months of completing her custodial sentence.
Her conviction and sentence were upheld by the High Court on May 2, 2024.
Siti Bainun was charged with neglect and abuse causing physical and emotional injury to the victim at a condominium unit in Wangsa Maju between February and June 2021, under Section 31(1)(a) of the Child Act 2001, which carries a maximum sentence of 20 years imprisonment, a fine of RM50,000, or both.- Bernama
