PETALING JAYA, Feb 3 — The Sessions Court here today dismissed the defence’s preliminary objection, which contended that the charge against Zayn Rayyan Abdul Matiin’s parents of neglecting their six-year-old autistic son in a manner likely to cause physical harm, was defective.
Judge Syahliza Warnoh delivered the ruling after submissions from deputy public prosecutor Aqharie Durranie Aziz and lawyer Haresh Mahadevan, representing Zaim Ikhwan Zahari and Ismanira Abdul Manaf.
“The court has reviewed the preliminary objection raised by the accused and considered submissions from the prosecution and defence. It finds the charge in this case is in accordance with the relevant legal provisions and is not defective.
“The court also finds no element in the charge that suggests the accused have been denied a proper defence.
“Accordingly, the defence’s preliminary objection is dismissed, and the case is set for trial at 2pm today,” said Syahliza.
The trial was initially scheduled to commence at 9am but was delayed due to the defence’s submission of a preliminary objection before the proceedings began.
Earlier, DPP Aqharie submitted that the prosecution would establish that the victim, Zayn Rayyan, was under the care of both accused and that the alleged neglect resulting in physical harm would be proven through witness testimony.
“I believe there is no defect in the charge against the accused,” he stated.
However, Haresh argued that the elements of neglect in the charge against his clients were not sufficiently detailed, therefore placing them at a disadvantage.
“We argue that the charge does not specify how our clients allegedly neglected the victim. In what manner did the neglect occur?” he questioned.
“Did they allow the child to run away, or did they leave him unattended in a place without adult supervision? These are the essential details that should be included in a charge of neglect,” he asserted.
In response, DPP Aqharie rebutted that, at this stage, it was not necessary to specify the precise manner in which the alleged neglect occurred.
On June 13 last year, Zaim Ikhwan and Ismanira, both 30 years old, pleaded not guilty before the Sessions Court here to a charge of neglecting their six-year-old autistic child in a manner that may have caused 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-defence.
— Bernama
