Rumah Bonda fails again to get stay of prison sentence
23 May 2023 07:03pm
Siti Bainun Ahd Razali
The woman is seeking to stay the execution of her prison sentence pending her appeal against the conviction and sentence by the Sessions Court.
High Court Judge Datuk Ahmad Bache dismissed the application by Siti Bainun, 31, 'on the grounds that there were no special or exceptional circumstances to allow the stay.
"After examining the affidavits and submission by both parties, the court finds that the issues raised by argued by the applicant's lawyer could not show special or exceptional circumstances that would allow the court to grant the application.
"The applicant has also been convicted by the Sessions Court judge and the judge has also dismissed a similar application for reasons which this court agrees,” said Ahmad.
In the judgment. Ahmad also said that there was no report by a specialist to verify Siti Bainun’s claims of having health problems, such as asthma, gallstones and 'gerd'.
"What is available is the normal medical report dated Dec 6, 2022, the applicant's admission letter to a hospital on Nov 28, 2022, and the photograph of her nose and lips, which cannot help the court.
"However, the respondent (prosecution) filed an affidavit-in-reply from a medical officer at the clinic of the Kajang Women's Prison, Dr S. S Sunita, who conducted a health examination on the applicant and found that the applicant was in a stable condition, did not suffer any health complications and did not have any serious health problems," said the judge.
According to Ahmad, no counter-affidavit was filed by the applicant to refute Dr Sunita's report and opinion.
"This is a deficiency that weakens the application, with the applicant giving an excuse that she received the affidavit late. The court opines this reason is an afterthought by the applicant,” he added.
On the reason given by Siti Bainun that she was supporting an old and ailing mother, the judge said, it was a personal issue related to family affairs and with the applicant being active in charity work, it did not provide a special circumstance that justified her to seek a stay of execution of the prison sentence.
"Without the applicant, charity work does not stop or become stagnant because there are still many volunteers who are active in charity work. The applicant was previously active in a volunteer organisation involving children and if this application is granted, she has a tendency to commit a crime," said the judge.
Another reason given by Siti Bainun in applying for the stay was that she was taking care of a boy, which the judge said was not a special circumstance.
He said based on a supporting affidavit from the investigating officer, the boy had been living with his parents in Puchong since last year.
"The mother in question, Noor Marliana Ramlee, also denied that she was supported by the applicant, but stated that she has a husband who is supporting her," said Ahmad.
On May 3, Sessions Court Judge Izralizam Sanusi sentenced Siti Bainun to 12 years in jail, to be served on the same day, following which the woman was sent to Kajang Prison.
Izralizam sentenced Siti Bainun to 12 years in prison after finding her guilty of two counts of neglecting and abusing the 13-year-old girl at a condominium unit in Wangsa Maju between February and June 2021.
The court also ordered her to sign a five-year good behavior bond with a local as a guarantor and a surety of RM5,000.
Siti Bainun was also ordered to carry out 200 hours of community service to be completed within six months after serving her time.
The prosecution was represented by deputy public prosecutors Nor Azizah Mohamad, Zilfinaz Abbas, Zahida Zakaria and Shakira Aliana Alias, while lawyer Ahmad Faiz Munawar represented Siti Bainun.
Also present at today’s proceeding was lawyer Mohd Radzi Yatiman, appointed by the Tunku Mahkota of Johor Tunku Ismail Sultan Ibrahim to hold a watching brief. -Bernama
