Zayn Rayyan's Case: Zaim Ikhwan Acquitted Of Neglect Charge, Ismanira Ordered To Defend Herself

PETALING JAYA, July 21 (Bernama) -- The Sessions Court here today acquitted and discharged Zayn Rayyan Abdul Matin's father, Zaim Ikhwan Zahari, from the charge of neglecting the six-year-old autistic child to the point of causing physical harm to him, two years ago.

Judge Dr Syahliza Warnoh made the decision after finding that the prosecution failed to prove a prima facie case against Zaim Ikhwan, 30, at the end of the prosecution case.

However, the court ordered Zayn Rayyan's mother, Ismanira Abdul Manaf, 30, to enter her defence on the same charge.

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, Ismanira was informed by the court that she had three options, namely to remain silent and not answer the charges; to give an unsworn statement from the dock without being cross-examined by the prosecution; or to give an undersworn statement from the witness stand with the prosecution given the opportunity to ask questions during cross-examination.

After the court delivered the verdict, Ismanira and her husband were seen crying and hugging and being comforted by their family members.

The proceedings were attended by deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz and Nur Sabrina Zubairi, while the couple were represented by lawyers Haresh Mahadevan, Ramzani Idris and Lavanesh Haresh.

Zayn Rayyan, 6, was reported missing on Dec 5, 2023 and his body was found the next day in a stream near his home.

-- BERNAMA