PETALING JAYA: Defence counsel Haresh Mahadevan pleaded for leniency for Ismanira Abdul Manaf, the mother of murdered autistic boy Zayn Rayyan Abdul Matin, stressing that "the real culprit has yet to be brought to justice."
Haresh told the Sessions Court here on Friday (Oct 31) that the 30-year-old first-time offender had already suffered deeply since her son’s death, as her second child, Zahin Mateen, who also has autism, was placed under the care of the Social Welfare Department in Rembau.
He added that a Shah Alam Magistrate’s Court order issued on May 16 allows Ismanira to meet Zahin Mateen only twice a week, for no more than 48 hours, as part of efforts to preserve the child’s emotional well-being.
"Mateen has severe autism and formed deep attachments to his parents.
"The specialist report accepted by the court clearly states that separating him from his mother could trigger severe anxiety and long-term trauma," said Haresh, referring to a medical report by a consultant.
As Haresh described Zahin Mateen’s condition, Ismanira began to cry uncontrollably, prompting judge Dr Syahliza Warnoh to allow her to sit down.
The defence argued that imprisonment would have devastating emotional consequences for Zahin Mateen.
"If a custodial sentence is imposed, this boy will lose his mother’s love for the duration of the sentence," Haresh said.
He stressed that none of the 28 witnesses who testified had ever suggested that Ismanira was violent or lacked affection towards Zayn Rayyan.
Haresh also pointed out that the police themselves had admitted to procedural irregularities during the investigation, and that the case against his client was built purely on circumstantial evidence.
He urged the court to impose a fine instead of imprisonment, noting that the charge was for neglect "that could have caused injury", not for causing the injuries or death directly.
"Even the prosecution accepts that the police are still looking for the person who actually harmed and killed Zayn," Haresh said.
Prosecutor Raja Zaizul Faridah Raja Zaharudin, however, countered that the case concerned a serious breach of parental responsibility.
"The victim was a special-needs child who depended on his mother’s care and supervision.
"Yet he was left unattended until it led to his death," she told the court, urging a custodial sentence to reflect public interest and deter similar negligence.
"This tragedy shocked Malaysians who demand justice for Zayn.
"The court must send a message that such neglect cannot be tolerated," she said, adding that the prosecution was seeking a jail sentence and RM10,000 in costs.
The court will deliver its sentencing decision later in the morning.
