PETALING JAYA: A sessions court has directed the mother of murdered six-year-old autistic child Zayn Rayyan Abdul Matih to mount her defence against child neglect charges, whilst clearing her husband of identical allegations.
Sessions Judge Syahliza Warnoh determined that prosecutors had successfully established sufficient evidence against 30-year-old Ismanira Abdul Manaf to warrant a defence response.
However, the court ruled that the prosecution failed to meet the required legal threshold against her spouse, Zaim Ikhwan Zahari, also 30.
The ruling means Ismanira must now present her case to counter the neglect charges, while Zaim walks free from the same accusations.
Both parents had been facing charges related to the care and supervision of their special needs son, who was found murdered in December 2023.
READ ALSO: Zayn Rayyan neglect case verdict to be announced tomorrow
The court’s decision represents a mixed outcome for the prosecution’s case against the couple, with proceedings now continuing solely against the mother.
The prosecution closed its case on April 24 after presenting 28 witnesses over 20 trial days. Witnesses included the boy’s caregiver, forensic experts, and child witnesses.
Both were accused of neglecting their autistic son, leading to his death near their Damansara Damai apartment in December 2023.
Zaim Ikhwan and Ismanira were charged with neglecting Zayn Rayyan in a manner likely to cause physical harm to the victim in the vicinity of Block R, Idaman Apartments, Damansara Damai up to the nearby river area between 12 noon on Dec 5 to 9.55 pm on Dec 6 2023.
They were charged under Section 31(1)(a) of the Children Act 2001 read with Section 34 of the Penal Code which carries a maximum sentence of 20 years imprisonment or a fine of RM50,000 or both, if convicted.
Judge Syahliza in her summary judgment said that after examining the evidence of the prosecution witnesses in maximum assessment as well as the arguments of the prosecution and defence, the court found that the prosecution failed to prove a prima facie case against Zaim Ikhwan at the end of the prosecution case.
“Therefore, the first accused (Zaim Ikhwan) is discharged and acquitted while for the second accused (Ismanira), the court finds that the prosecution has succeeded in proving a prima facie case against the second accused and she is called to defend herself in accordance with Section 31(1)(a) of the Children’s Act 2001,“ said the judge.
Ismanira, who gave her defence statement today, chose to give her statement under oath from the witness stand.
Earlier, the court informed Ismanira that she had three options: to remain silent and not respond to the charges; to give an unsworn statement from the dock without being subject to cross-examination by the prosecution; or to provide a sworn statement from the witness stand, during which the prosecution would have the opportunity to cross-examine her.
Following the court’s verdict, Ismanira and her husband were seen in tears, embracing one another while being consoled by their family members.
The proceedings were attended by Deputy Public Prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz, and Nur Sabrina Zubairi. The couple was represented by solicitors Haresh Mahadevan, Ramzani Idris, and Lavanesh Haresh.
Zayn Rayyan, aged six, was reported missing on 5 December 2023. His body was discovered the following day in a stream near his residence. - Bernama
