PETALING JAYA: The mother of Zayn Rayyan Abdul Matin sobbed after she was ordered by the Sessions Court here to enter her defence on a charge of neglecting the autistic child, whose lifeless body was found near a stream almost two years ago.
Ismanira Abdul Manaf was seen being comforted by family members when the proceedings took a short break.
Her husband and co-accused Zaim Ikhwan Zahari was acquitted of the charge.
Sessions Court judge Dr Syahliza Warnoh made the order on Ismanira at the end of the prosecution’s case yesterday.
In her brief decision, she said the court has conducted a thorough evaluation of the evidence and exhibits in the case.
“The prosecution has established a prima facie 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,” Syahliza said.
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 be cross-examined by the prosecution.
“I want to testify under oath from the witness stand,” Ismanira said in her reply to the judge.
Syahliza said the prosecution failed to establish the element of care, neglect and common intention in the case of Zaim Ikhwan.
“The first accused (Zaim Ikhwan) is hereby discharged and acquitted without having to enter his defence,” Syahliza said.
Zaim Ikhwan was heard thanking the court for his acquittal.
The proceedings then took a short break before resuming with Ismanira taking the stand.
Zaim Ikhwan and Ismanira, both 30, were charged with neglecting Zayn Rayyan in a manner likely to cause physical harm to him in the vicinity of Block R, Idaman Apartment in Damansara Damai, up to a nearby river area between 12pm on Dec 5 and 9.55pm on Dec 6, 2023.
They were charged under Section 31(1)(a) of the Child Act 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, six, was reported missing on Dec 5, 2023. His body was found the next day in a stream near his house.
