KUALA LUMPUR: The police have used all the provisions within their jurisdiction in investigating the case of autistic boy Zayn Rayyan Abdul Matiin, including blocking communication between his parents and their lawyers during their remand period.
In fact, Bukit Aman CID director Datuk Seri Shuhaily Mohd Zain said the police have the right to refuse the lawyers’ request to see the couple in accordance with Section 28 A (8) of the Criminal Procedure Code.
He said the Special Investigation Power enshrined under Part 5 of the section also empowers the police to do so during the investigation.
“The police do not have any ill intention when enforcing the provisions because our focus is only to carry out the investigation as best as possible,” he told a special press conference here today.
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Mohd Shuhaily also explained that the purpose the police brought Zayn Rayyan’s mother, Ismanira Abdul Manaf to the Petaling Jaya Magistrate’s Court yesterday was also to ensure that all evidence and disclosures obtained during the investigation could be used in court.
He said it was done in accordance with Section 26(1) of the Evidence Act 1950.
Mohd Shuhaily said the special team set up to investigate the case has worked tirelessly to examine all evidence, closed circuit camera footage, as well as pathology and autopsy reports obtained concerning the case.
However, he said the prosecution has decided to charge the boy’s parents with negligence under Section 31 (1) (a) of the Child Act 2001, which was one of the alternative charges proposed by Bukit Aman CID D5 (Prosecution and Law) Division to the public prosecutor, in addition to Section 302 of the Penal Code for murder.
“We are so close yet so far.
“The prosecution opined that the charge under the Child Act was adequate at the moment.
“So, the police investigation ends here. It is all in the prosecution’s hands now. However, further investigation can be done if there are requests from them,” he said, adding that members of the public are advised not to speculate about the case, but to let the legal process run as smoothly as possible.
“This is a very sensitive case as it involves an autistic boy and the accused who are his parents. I hope the public will stop making speculations about the case so that justice can be served,” he said.
Earlier today, Zaim Ikhwan Zahari and Ismanira, both 29, were charged in the Sessions Court today with negligence, which potentially caused physical injury to their six-year-old autistic son in December last year.
The offence allegedly took place around Jalan PJU Damansara Damai between 12.00 pm on Dec 5 and 9.55 pm on Dec 6.
The charges were brought 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, upon conviction.
The body of Zayn Rayyan was found in a stream near his home at Idaman Damansara Damai Apartments here, a day after he was reported missing. The child is believed to have been murdered, as the autopsy revealed injuries on his neck and body indicating a struggle.
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