Kuala Lumpur: The High Court here today fixed March 4 to decide on an application by Zayn Rayyan Abdul Matin's parents seeking to quash the charge of neglecting their autistic son in a manner likely to cause physical harm. Judge Roszianayati Ahmad set the date after hearing the submissions by Deputy Public Prosecutor Raja Zaizul Faridah Raja Zaharudin and lawyer Marcus Lee, representing the couple, Zaim Ikhwan Zahari and Ismanira Abdul Manaf.
According to BERNAMA News Agency, last Jan 21, the couple filed a notice of motion at the Shah Alam High Court seeking to quash the charges against them, along with an immediate release, contending that the charges failed to disclose any offence under Section 31 of the Child Act 2001. Lee submitted that the charges made against his clients were defective and vague because they did not comply with Section 154 of the Criminal Procedure Code.
Lee argued that the charge against them, for neglecting the child in a manner likely to cause him physical injury, did not state how such neglect may or may not cause injury. He emphasized that the 'manner' of the crime must be stated in the charge as it is included in the charge against them.
Raja Zaizul Faridah, in her submission, stated that details of the elements of Section 31 (1) (a) of the Child Act 2001 need to be proven by the prosecution, which includes the victim being a child under the age of 18, the accused having custody of the victim, and the accused's neglect causing the victim to suffer physical and emotional injury. She maintained that the charges against the applicants were clear, not vague, and not defective, meeting the provisions under Section 152 and Section 153 of the Criminal Procedure Code.
She pointed out that the case had been tried in the Petaling Jaya Sessions Court, and so far, the prosecution had called 20 witnesses to testify. The trial will continue on March 11, with a possibility of 10 more prosecution witnesses being called. Most of the prosecution witnesses have been cross-examined by the lawyers, indicating that the charges are clear and not defective.
Raja Zaizul Faridah further argued that there was no need for the prosecution to give details of how the offence was committed because that involves the evidence that will be presented by the prosecution witnesses. Last Feb 3, the Petaling Jaya Sessions Court dismissed the defence's preliminary objection, which contended that the charge against Zayn Rayyan Abdul Matin's parents of neglecting their six-year-old autistic son in a manner likely to cause physical harm was defective.
On June 13 last year, Zaim Ikhwan and Ismanira, both aged 30, pleaded not guilty in the 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 Dec 5 and 9.55 pm on Dec 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 Dec 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.