PETALING JAYA, July 21 — The Sessions Court here today discharged and acquitted Zaim Ikhwan Zahari, the father of Zayn Rayyan Abdul Matin, of a charge of neglecting his six-year-old autistic son, which allegedly resulted in physical injuries two years ago.
Judge Syahliza Warnoh made the ruling after finding that the prosecution had failed to establish a prima facie case against the 30-year-old at the end of the prosecution stage.
However, the court ordered Zayn Rayyan’s mother, Ismanira Abdul Manaf, 30, to enter her defence on the same charge.
Zaim Ikhwan and Ismanira were charged with neglecting Zayn Rayyan in a manner likely to cause physical harm to the victim in the vicinity of Block R, Idaman Apartments, Damansara Damai up to the nearby river area between 12pm on December 5 to 9.55pm on December 6, 2023.
They were charged under Section 31(1)(a) of the Children Act 2001, read with Section 34 of the Penal Code, which carries a maximum sentence of 20 years imprisonment or a fine of RM50,000 or both, if convicted.
Judge Syahliza, in her summary judgment, said that after examining the evidence of the prosecution witnesses in maximum assessment as well as the arguments of the prosecution and defence, the court found that the prosecution failed to prove a prima facie case against Zaim Ikhwan.
"Therefore, the first accused (Zaim Ikhwan) is discharged and acquitted while for the second accused (Ismanira), the court finds that the prosecution has succeeded in proving a prima facie case and she is called to defend herself in accordance with Section 31(1)(a) of the Children's Act 2001," said the judge.
Ismanira, who gave her defence statement today, chose to do it under oath from the witness stand.
— Bernama
