SHAH ALAM: The mother of Zayn Rayyan Abdul Matin has filed a petition of appeal against the Sessions Court’s decision sentencing her to five years’ imprisonment for neglecting the six-year-old child with autism, resulting in physical injury, three years ago.
Lawyer Haresh Mahadevan, who represents Ismanira Abdul Manaf, 31, said the petition was filed on Monday at the High Court here.
He said the petition was filed, among others, on the grounds that the prosecution had misdirected itself by preferring a charge under Section 31 instead of Section 33 of the Child Act 2001.
“Although the appellant was charged under Section 31(1)(a) of the Child Act 2001 for neglect, the Sessions Court convicted the appellant on the basis of failure to provide reasonable supervision.
“This, in fact, constitutes a separate offence under Section 33, which carries different elements and punishment.
“Therefore, the appellant was convicted of an offence for which she was never charged,” he said when contacted by the media, Bernama reported.
According to the petition, the Sessions Court judge had also misdirected herself in rejecting the evidence of SD5, a qualified expert put forward by the defence, solely on the grounds that he did not examine the child, whereas the prosecution itself relied on expert opinions from individuals who were neither called as witnesses nor had examined the child.
Zayn Rayyan was reported missing in Damansara Damai on Dec 5, 2023, and was found dead the next day.
