PETALING JAYA: The parents of autistic boy, Zayn Rayyan Abdul Matin, have filed a notice of motion to dismiss a charge of negligence, which allegedly involved the possibility of causing him physical harm.
Zaim Ikhwan Zahari and Ismanira Abdul Manaf’s lawyer Haresh Mahadevan, informed Judge Dr. Syahliza Warnoh that the notice of motion was filed on Jan 21 through Messrs Wong & Co at the Shah Alam High Court.
“The defendants have filed the notice of motion at the Shah Alam High Court to quash the charges against them. We also submitted a copy of the application to the Attorney General’s Department yesterday via email.
“Therefore, the defence seeks a stay of the trial pending the hearing of the notice of motion, as proceeding with the trial would otherwise render it futile,” Haresh stated during the case mention at the Sessions Court here today.
Meanwhile, deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin confirmed that the prosecution had received the notice of motion.
“Given that the defence counsel has filed a notice of motion, we believe it should be resolved before the trial proceeds. The prosecution requests that a mention date be set to update the status of the notice of motion as well as the trial dates in court,“ she said.
Judge Dr. Syahliza scheduled Jan 28 for case management to allow the defence to update the status of the notice of motion.
According to the notice of motion obtained by the media, 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.
They further allege that the charges constitute an abuse of the court process and have caused them significant prejudice, resulting in a miscarriage of justice that warrants the dismissal and annulment of all charges.
In the supporting affidavit filed with the notice of motion, the accused claimed that the charges failed to comply with Sections 153 and 154 of the Criminal Procedure Code and that their constitutional right to a fair trial, guaranteed under Articles 5 and 8 of the Federal Constitution, has been violated.
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 six-year-old 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 was framed under Section 31(1)(a) of the Child Act 2001, which is punishable by a maximum fine of RM50,000, imprisonment of up to 20 years, or both upon conviction.
Zayn Rayyan was reported missing on Dec 5, 2023, and his body was discovered in a stream near his home at Apartment Idaman, Damansara Damai, the following day.
He was believed to have been murdered, and an autopsy revealed injuries to his neck and body, consistent with self-defense.
