PETALING JAYA: The mother of autistic child Zayn Rayyan Abdul Matin has been ordered by the Sessions Court to enter her defence.
Sessions Court judge Dr Syahliza Warnoh made the order on Ismanira Abdul Manaf after a maximum evaluation of the evidence and exhibits in the case.
Her co-accused and husband Zaim Ikhwan Zahari, however, was acquitted of the charge.
In her brief decision, Syahliza said the prosecution has proven prima facie in Ismanira's case.
"The court hereby calls the second accused (Ismanira) to enter her defence for the offence under Section 31(1)(a) of the Child Act 2001," Syahliza said here on Monday (July 21).
Ismanira was given three options; to remain silent and not answer the charge, to testify under oath from the dock without being cross-examined, or to testify under oath from the witness stand and cross-examined by the prosecution.
"I want to testify under oath from the witness stand," Ismanira answered the judge.
Meanwhile, for Zaim Ikhwan, the court found that the prosecution had failed to prove prima facie in his case.
"The first accused (Zaim Ikhwan) is hereby discharged and acquitted without having to enter his defence," Syahliza said.
Zaim was heard thanking the court for his acquittal.
The proceedings then took a short break and Ismanira was seen hugging her family members while crying.
The trial resumes this afternoon with Ismanira taking the stand as the first defence witness.
Zaim Ikhwan and Ismanira, both aged 30, were charged with neglecting Zayn Rayyan in a manner likely to cause physical harm to the victim in the vicinity of Block R, Idaman Apartment, Damansara Damai up to the nearby river area 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 read with Section 34 of the Penal Code which carries a maximum sentence of 20 years imprisonment or a fine of RM50,000 or both, if convicted.
Zayn Rayyan, 6, was reported missing on Dec 5, 2023, and his body was found the next day in a stream near his house.
