PUTRAJAYA: The Court of Appeal upholds the conviction and sentence of Rumah Bonda founder Siti Bainun Ahd Razali in the neglect case involving Down Syndrome teenager Bella.
A three-judge panel chaired by Justice Azman Abdullah dismissed her final appeal after hearing submissions on Thursday (Aug 14).
The other judges on the bench were Justices Azmi Ariffin and Hayatul Akmal Abdul Aziz.
Justice Azman said Bella’s injuries, as a disabled person, were supported by eyewitness and medical testimony and were neither accidental nor self-inflicted.
“The injuries did not come from one incident, rather they came from multiple incidents,” he said.
The defence highlighted discrepancies in a key witness’s testimony, but the court found these did not undermine the witness’s credibility.
“We find no motive for the witness to frame the appellant, as the witness acted on the appellant’s instructions,” Justice Azman said.
He said there was no error of fact or law by the High Court judge who affirmed the Sessions Court’s decision.
“After considering all testimonies from the prosecution and defence, the prosecution proved both offences beyond a reasonable doubt. The defence failed to raise any reasonable doubt on the prosecution’s case,” said Justice Azman
“Therefore, the conviction is safe and the appeal is dismissed,” he added.
On the appeal against the 12-year jail sentence, he said that the court found the term justified.
“The appellant was entrusted with the victim’s care. Even animals would not injure their young. This sentence also serves as a reminder so the public fear the repercussions of the law,” Justice Azman added.
Siti Bainun, dressed in a yellow baju kurung and matching hijab, appeared calm during the decision.
She was taken away swiftly by prison officers after proceedings ended.
At the outset, the court dismissed her application to adduce new evidence, finding it failed to meet the required threshold.
On May 7, she sought to call Ismanira Abdul Manaf, mother of Zayn Rayyan Abdul Matin, to testify on a police report implicating a prosecution witness.
On May 3, 2023, the Sessions Court sentenced her to 12 years’ imprisonment after finding her guilty of two charges of neglect and abuse of Bella.
The court rejected her stay application pending appeal and she was sent to Kajang Prison to begin serving her sentence.
She was also ordered to sign a five-year good behaviour bond with one surety and a RM5,000 deposit and perform 200 hours of community service within six months of release.
The High Court upheld her conviction and sentence on May 2, 2024.
She was charged with neglect and abuse causing physical and emotional injury at a condominium in Wangsa Maju between February and June 2021.
