Ismanira (centre) being brought to court on Nov 19 for case management of her application for a stay of sentence in her child neglect conviction. – BERNAMApic
PETALING JAYA: Ismanira Abdul Manaf, the mother of murdered autistic child Zayn Rayyan Abdul Matin, has applied to the Shah Alam High Court to be temporarily released on bail.
The 30-year-old, who was sentenced to be jailed at Kajang Prison for five years on Oct 31, made the request pending the outcome of the appeal against her conviction for child neglect, Sinar Harian reports.
The application was made, while naming the Public Prosecutor as the respondent, through Ismanira's counsel, Haresh Mahadevan and Co, on Nov 4.
Ismanira requested to be released on the same bail granted by the Petaling Jaya Sessions Court on June 13 last year.
ALSO READ: Zayn Rayyan's mum convicted of neglect
The application included additional conditions, orders or reliefs deemed appropriate by the High Court.
It also gave six reasons that would allow the temporary release, including special circumstances that justify granting a stay of execution of the sentence.
The appeal by Ismanira, it added, had merit as it involved serious legal issues and could likely be successful.
"If the court does not grant a stay of sentence, it will render the applicant's appeal futile.
"Other issues arising will be raised after the grounds for the Sessions Court's judgment are obtained," the notice read.
Senior Assistant Registrar Nadiah Misman set Dec 4 to hear the application.
ALSO READ: Zayn Rayyan's mother files appeal against conviction, sentence
The High Court also ordered the prosecution, as respondents, to file an affidavit on or before Nov 25, while arguments are to be filed on Nov 28.
On Oct 31, the Petaling Jaya Sessions Court found Ismanira guilty of neglecting Zayn Rayyan, which caused him physical harm, and sentenced her to prison.
The court also ordered her to sign a two-year good behaviour bond with a local surety and RM3,000 bail, and to perform 120 hours of community service within six months after completing her prison term.
On July 21, Sessions judge Dr Syahliza Warnoh 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, who also faced the same charge under Section 31(1)(a) of the Child Act 2001, was acquitted and discharged.
They had both been charged for 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 about noon on Dec 5, 2023, and 9.55pm the following day.
The body of six-year-old Zayn Rayyan was found in a stream near his residence on Dec 6, 2023.
