PETALING JAYA: The Petaling Jaya Sessions Court has found Ismanira Abdul Manaf, the mother of six-year-old autistic boy Zayn Rayyan Abdul Matin, guilty of neglecting her son in a manner likely to cause him physical harm two years ago.
Judge Dr Syahliza Warnoh ruled Friday (Oct 31) that the prosecution had succeeded in proving its case beyond a reasonable doubt after examining witness testimonies, documentary evidence and arguments from both sides.
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"The court finds that the defence has failed to raise any reasonable doubt against the prosecution’s case.
"Accordingly, the prosecution has successfully proven its case beyond a reasonable doubt, and the accused is hereby found guilty and convicted of the charge as amended and decided by the court today," she said.
Judge Syahliza said the Child Act 2001 does not provide a specific legal definition for "neglect" under Section 31(1)(a), and the court was therefore not bound by interpretations from psychological or organisational perspectives.
Instead, whether or not neglect occurred must be determined based on the facts and evidence of each case, she said.
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Addressing the defence’s argument that Zayn Rayyan’s routine was to walk behind his mother and that he could not adapt to changes, the judge found the claim inconsistent with the accused’s own testimony and that of witnesses.
"The court finds that the deceased walking behind the accused was not a fixed or rigid routine," she said.
She added that the second defence witness’ testimony was opinion-based and inconclusive, as it relied solely on information provided by the accused.
"The court further finds that on the day of the incident, the accused allowed the deceased to walk behind her without proper supervision, which ultimately led to his disappearance," judge Syahliza said.
Proceedings were adjourned temporarily to allow the defence to prepare mitigation submissions before sentencing.
On July 21, judge Syahliza ordered Ismanira to enter her defence after ruling that the prosecution had successfully established a prima facie case against her.
Ismanira's husband, Zaim Ikhwan Zahari, 30, was, however, acquitted and discharged of the same charge.
The couple had been charged with neglecting Zayn Rayyan in a manner likely to cause him physical injury in the vicinity of Block R, Idaman Apartments, Damansara Damai, and the nearby stream, at around noon on Dec 5, 2023, and 9.55pm the following day.
They were charged under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, which carries a maximum penalty of 20 years' imprisonment, a fine of RM50,000, or both, upon conviction.
The body of Zayn Rayyan, aged six, was discovered in a stream near his residence on Dec 6, 2023.
