Shah Alam: The parents of autistic boy, Zayn Rayyan Abdul Matin, have filed a notice of motion to dismiss a charge of negligence, which allegedly involved the possibility of causing him physical harm.
According to BERNAMA News Agency, Zaim Ikhwan Zahari and Ismanira Abdul Manaf's lawyer, Haresh Mahadevan, informed Judge Dr. Syahliza Warnoh that the notice of motion was filed on January 21 through Messrs Wong and Co at the Shah Alam High Court. The defendants are seeking to quash the charges against them and have submitted a copy of the application to the Attorney General's Department via email. The defence is requesting a stay of the trial, arguing that proceeding would render the trial futile.
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin confirmed the receipt of the notice of motion by the prosecution. She stated that the matter should be resolved before the trial proceeds and requested a mention date to update the status of the notice of motion and trial dates in court. Judge Dr. Syahliza scheduled January 28 for case management to allow the defence to update the status.
The notice of motion obtained by the media indicates that Zaim Ikhwan and Ismanira are seeking an immediate discharge and acquittal from the charges, arguing that the charges fail to disclose any offence under Section 31 of the Child Act 2001. The couple contends that the charges lack sufficient particulars regarding any elements of the offence and allege that the charges constitute an abuse of the court process.
In their supporting affidavit, the accused claimed that the charges failed to comply with Sections 153 and 154 of the Criminal Procedure Code and violated their constitutional right to a fair trial guaranteed under Articles 5 and 8 of the Federal Constitution.
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 alleged offence occurred along PJU Damansara Damai between noon on December 5 and 9:55 pm on December 6, 2023.
The charge was framed 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.