SHAH ALAM: The High Court has fixed Sept 28 for its decision on Ismanira Abdul Manaf’s appeal to overturn her conviction and five-year prison sentence for neglecting her six-year-old son, Zayn Rayyan Abdul Matin, resulting in physical injury three years ago.
Judge Noor Hisham Ismail set the date on Wednesday (Aug 19) after hearing submissions from both sides, including the prosecution’s cross-appeal against the sentence imposed on Ismanira, 31.
"I need some time, so the court has fixed Sept 28 for the decision,” the judge said during proceedings attended by Ismanira’s counsel Haresh Mahadevan, Lavanesh Haresh, Tiara Katirina Fuad and Haijan Omar.
Appearing for the prosecution were deputy public prosecutors Ahmad Iqbal Azman, Kamarul Iman Ahmad Sapian, Aqharie Durranie Aziz and Raja Zaizul Faridah Raja Zaharudin.
Earlier, Lavanesh submitted that the court should allow the appeal and overturn his client’s conviction and sentence, arguing that the five-year prison term was excessive.
"Five years is extremely excessive, comparing it to cases of grievous serious offences. This was 60 seconds of neglect. I would strongly pray that a fine would be more than adequate. If my Lord allows the appeal, I would, in the alternative, seek a fine. I stand guided. This is like a second punishment. The first was the loss of the child,” he said.
Lavanesh said his client had served 10 months in prison and asked the court to take the period into account if a fine was imposed.
In the appeal petition, the defence argued that the Sessions Court judge had erred in finding that the injuries sustained by Zayn Rayyan after his disappearance were caused by the appellant allowing him to walk behind her.
The defence further argued that the court had erred in relying on the conclusion of senior police investigating officer SP28 that Ismanira’s actions constituted neglect.
"SP28 was the only prosecution witness who expressly characterised the appellant’s conduct as neglect. SP28 treated the fact that the deceased was no longer behind the appellant as proof that the appellant had left the deceased alone.
"The appellant respectfully submits that this was not evidence of neglect. It was SP28’s conclusion based on the fact that the deceased had disappeared,” according to the appeal petition.
Meanwhile, the prosecution argued that the appellant’s conviction and five-year prison sentence were appropriate, but sought a heavier sentence to serve as a deterrent.
Raja Zaizul Faridah submitted that the sentence should take into account the deterrent aspect and not be viewed solely based on the relationship between the appellant and the victim.
"We do not want a similar scenario to become a precedent in future cases where the perpetrator is someone who cares for the victim or is close to them, such as a parent, and a lenient sentence is imposed on mitigating grounds.
"We do not want this court to set a benchmark that, in this scenario, a heavier sentence need not be imposed. For this reason, the prosecution is still proposing and requesting that serves as a deterrent and sends a message to others not to commit such offences,” she said.
The appeal petition was filed by the defence on Jan 5 through Messrs Haresh Mahadevan & Co after challenging the conviction and the entirety of the decision delivered by Petaling Jaya Sessions Court Judge Dr Syahliza Warnoh on Oct 31 last year.
The Shah Alam High Court on Dec 23, 2025, dismissed an application by Ismanira to stay the five-year prison sentence imposed on her for neglecting Zayn Rayyan.
Judge Datuk Aslam Zainuddin decided the matter after finding that there were no special circumstances that would allow the court to grant the stay of execution of the sentence pending the appeal.
Ismanira was also ordered to perform 120 hours of community service, to be completed within six months of completing her prison sentence.
Ismanira was charged under Section 31(1)(a) of the Children Act 2001, read together with Section 34 of the Penal Code, which carries a maximum penalty of 20 years’ imprisonment, or a fine, or both. - Bernama
