Zayn Rayyan's parents plead not guilty to negligence
PETALING JAYA – The parents of murdered autistic child Zayn Rayyan Abdul Matiin have pleaded not guilty at the Sessions Court here today to a charge of neglecting the six-year-old boy in December last year.
Zaim Ikhwan Zahari and Ismanira Abdul Manaf made the plea after the charge was read to them before Judge Dr Syahliza Warnoh.
According to the charge, the couple, both 29, who had custody of Zayn Rayyan had neglected the boy in a manner that could likely cause physical injuries.
They allegedly committed the offence at Jalan PJU Damansara Damai here, from noon on Dec 5 to 9.55pm on Dec 6, last year.
The prosecution was handled by deputy public prosecutor Ku Hayati Ku Haron, while Zaim and Ismanira were represented by lawyers Fahmi Abd Moin and Mahmud Jumaat, repectively.
The charge was framed under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the same act, which provides for a maximum fine of RM50,000 or imprisonment of up to 20 years, or both, if convicted.
During the proceedings, Ku Hayati proposed RM15,000 bail with one surety each for both the accused.
The prosecution also proposed for additional conditions to be imposed on the accused including to surrender their passports to the court and report to the nearest police station every month.
"The two accused are facing a charge for a serious offence, so the amount we proposed is suitable.
"The court needs to consider the impact of the negligence charge which led to the death of the child," she said.
In pleading for a lower bail, Fahmi said the amount proposed by the prosecution was too high which could cause his client to 'live' in jail.
The lawyer said the case has caused his client and his wife to suffer severe depression.
"From the beginning of Zayn Rayyan's disappearance to the remand application under Section 302 of the Penal Code, it has changed their lives upside down.
"Based on these reasons, I believe that the court can consider the principle of public interest and our client," he said, adding that his client has always cooperated with the authorities.
Meanwhile, Mahmud pleaded for a minimum bail to be imposed on his client Ismanira.
He also confirmed that the woman was suffering from depression and had to seek treatment.
"She also has to care for her second child who is also autistic and has speech difficulties.
"I believe that with the additional conditions, they would give their full cooperation in the case," he said.
In response to the mitigation, Ku Hayati questioned whether the plea made by Ismanira was valid as she was suffering from a mental health problem.
To this, Mahmud said he raised the matter only for mitigation purposes only and for the bail amount to be reduced as the accused was no longer working.
The court then allowed each accused RM10,000 bail with one surety.
"Both the accused also have to comply with the additional conditions of reporting themselves to the nearest police station and do not go near the prosecution witnesses," the judge said.
The case will be up for mention on July 26.
On Dec 6, last year, Zayn Rayyan was found dead near a river approximately 200 metres from his house at the Idaman Apartments in Damansara Damai, at about 10pm.
His body was discovered by a group of residents conducting a search operation.
Police confirmed that the victim was believed to have been murdered, following an autopsy that revealed injuries to the neck and body consistent with criminal acts.
It was reported that Zayn Rayyan’s parents were arrested on May 31 and remanded for seven days from June 1 to assist in the investigation into the six-year-old's murder.
On Friday, the magistrates’ court granted an extension of their remand for another six days until today (Thursday).
