PETALING JAYA: The trial of Zayn Rayyan Abdul Matin’s parents, who are charged with neglecting the six-year-old boy in a manner likely to cause physical harm to him, is set to begin on Feb 3 at the Sessions Court here.
Judge Dr Syahliza Warnoh made the ruling after rejecting an application by lawyer Haresh Mahadevan, representing Zaim Ikhwan Zahari and his wife Ismanira Abdul Manaf, to vacate the trial dates scheduled for February and March, pending the disposal of a notice of motion to strike out the charges at the Shah Alam High Court.
“Since the (notice of motion) application has yet to be heard at the (Shah Alam) High Court, this court will proceed with the trial from Feb 3 to 7,” said Syahliza during the case mention.
The court had previously fixed the trial dates for Feb 3 to 7, Feb 17 to 21, and Mar 10 to 14.
Earlier, Haresh applied for the trial dates scheduled for February and March to be vacated, as continuing with it would prejudice both his clients.
Deputy Public Prosecutor Kamarul Iman Ahmad Sapian appeared for the prosecution.
According to the notice of motion, 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.
Among other grounds stated in the notice, the couple contends that the charges lack sufficient particulars regarding any elements of the offence under the same provision.
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 autistic son in a manner likely to cause physical harm.
The offence allegedly occurred along PJU Damansara Damai between noon on Dec 5 and 9.55 pm on Dec 6, 2023.
The charge under Section 31 (1) (a) of the Children Act 2001 and is punishable under Section 31 (1) of the same act read together with Section 34 of the Penal Code provides for a maximum fine of RM50,000 or jail term not exceeding 20 years or both, if convicted.
On Dec 6, 2023, Zayn Rayyan’s body was found lying in a stream near his home in Idaman Apartment, Damansara Damai near here after being reported missing the day before.
