PETALING JAYA: The Sessions Court here has sentenced Ismanira Abdul Manaf, the mother of autistic boy Zayn Rayyan Abdul Matin, to five years' imprisonment after finding her guilty of neglecting her son in a manner likely to cause physical harm.
Judge Dr Syahliza Warnoh, who delivered the sentence on Friday (Oct 31) also ordered Ismanira, 30, to be placed on a two-year good behaviour bond and to perform 120 hours of community service within six months of her release.
The conviction was made under Section 31(1)(a) of the Child Act 2001, which carries a maximum penalty of 20 years' imprisonment, a fine of up to RM50,000, or both.
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Syahliza also dismissed the application by Ismanira's defence lawyer, Haresh Mahadevan, for a stay of execution on the sentence pending an appeal, which will be filed at the High Court Friday afternoon.
"There are no reasons that convince me to grant a stay. The reasons for the care of another autistic son are a personal matter that can be handled by her family.
"She is to be jailed immediately," the judge said.
Haresh then immediately rose and made the stay application.
"We submit there are special circumstances where the court can use its discretion to grant a stay pending an appeal.
"If the court is minded to allow a stay, the court can impose an increased bail and terms for the accused to comply with.
"She is definitely not a flight risk because she does not have a passport," he said.
However, deputy public prosecutor Nur Sabrina Zubairi objected to the application, arguing that there are no special or exceptional circumstances warranting it.
"The court must consider that this appeal was made after the accused was found guilty. After a person is found guilty after a full trial, a different consideration must be given.
"Her right is not at all prejudiced if the stay is not granted because the appeal at the High Court is not heard or decided yet," she said.
After the judge left chambers, Ismanira's husband, Zaim Ikhwan Zahari, appeared overcome with emotion. Other family members wept as they gathered around Ismanira, who was in tears throughout the proceedings.
Zayn Rayyan was reported missing on Dec 5, 2023, before his body was discovered in a stream near his home at Idaman Apartment, Damansara Damai, the following day.
A post-mortem examination found that he died from strangulation.
His mother was charged with neglect in June 2024, while her husband, Zaim Ikhwan Zahari, was later acquitted after the court ruled that the prosecution failed to establish a prima facie case against him.
