KUALA LUMPUR, Jan 31 — The parents of Zayn Rayyan Abdul Matin today filed an application to review the Petaling Jaya Sessions Court’s dismissal of their bid to stay a trial scheduled for February 3.
Zaim Ikhwan Zahari and Ismanira Abdul Manaf filed a notice of motion with a supporting affidavit through Messrs Haresh Mahadevan & Co at the Shah Alam High Court Registrar’s Office, naming the prosecutor as respondent.
According to the notice of motion obtained by the media, Zaim Ikhwan and Ismanira claimed that on January 28, Petaling Jaya Sessions Court judge Syahliza Warnoh had dismissed their application to temporarily stay the trial.
The stay was requested pending the resolution and disposal of the notice of motion seeking to drop the charges of child neglect they are facing.
The couple further claimed that, following the dismissal of their application for stay, the trial will proceed from February 3 to Feb 7.
Additionally, they requested the court hear their application promptly, as failure to do so would result in irremediable prejudice to the couple, given that the case involves fundamental rights and principles of justice.
The couple further stated that under Section 35(2) of the Courts of Judicature Act 1964, the Petaling Jaya Sessions Court should not proceed with the trial on February 3 until a ruling on the notice of motion (to stay the trial).
In the supporting affidavit sworn by Zaim Ikhwan and Ismanira claimed that they were advised by their counsel that a stay of proceedings should be ordered by the Sessions Court and that the deputy public prosecutor did not object to their application and also acknowledged that the motion to drop the charges should be decided first.
The couple further argued it would be unfair and highly detrimental if both the trial and the application to dismiss the charges were to proceed simultaneously, as this would be prejudicial to them.
“We are challenging the charges because they are flawed and without a trial basis,” the couple stated in the affidavit.
On January 21, Zaim Ikhwan and Ismanira filed a notice of motion in the Shah Alam High Court seeking to quash the charges and for an immediate discharge and acquittal. They argued that the charges failed to disclose any offence under Section 31 of the Child Act 2001.
On June 13 last year, Zaim Ikhwan and Ismanira, both aged 30, pleaded not guilty in the Petaling Jaya Sessions Court to a charge of neglecting their six-year-old autistic son in a manner likely to cause physical harm.
The offence allegedly occurred along PJU Damansara Damai between noon on December 5 and 9.55pm on December 6, 2023.
They were charged under Section 31(1)(a) of the Child Act 2001, which is punishable by a maximum fine of RM50,000, imprisonment of up to 20 years, or both upon conviction.
Zayn Rayyan was reported missing on December 5, 2023, and his body was discovered in a stream near his home at Apartment Idaman, Damansara Damai, the following day.
He was believed to have been murdered, and an autopsy revealed injuries to his neck and body, consistent with self-defense.
— Bernama
