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Zayn Rayyan’s parents’ make bid to postpone trial

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The couple has filed a certificate of urgency in the Shah Alam High Court to have the matter heard expeditiously.

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Zaim Ikhwan Zahari and Ismanira Abdul Manaf
Zaim Ikhwan Zahari and his wife, Ismanira Abdul Manaf, pleaded not guilty in the sessions court on June 13 last year to charges of neglecting six-year-old Zayn Rayyan in a manner likely to cause him physical harm. (Bernama pic)

PETALING JAYA:
The parents of Zayn Rayyan Abdul Matiin have gone to the High Court to set aside the sessions court’s rejection of their application to postpone the trial pending the disposal of a notice of motion to strike out the charges filed against them.

Zaim Ikhwan Zahari and his wife, Ismanira Abdul Manaf, who filed a revision at the Shah Alam High Court this afternoon through their solicitors, Haresh Mahadevan & Co, have also filed a certificate of urgency to have the matter heard expeditiously.

In separate affidavits filed in support of the revision, the couple said their constitutional right to a fair trial and equal protection under the law would be denied if the trial proceeded.

The couple said the deputy public prosecutor conducting the case had agreed that the trial be adjourned pending the High Court’s determination as to whether the charge was correctly framed or otherwise.

They said any decision to start the trial would seriously prejudice them.

In their affidavit today, they said another High Court had fixed case management on Feb 4 on their application to strike out the charge.

The couple added that they could not be at two places simultaneously on Feb 4 as the case in the sessions court had been fixed for trial from Feb 3 to Feb 7.

Further, they said it was a waste of time and resources for the trial to proceed while the application to quash the charge was still pending.

On Tuesday, sessions court judge Syahliza Warnoh said the trial would begin on Monday (Feb 3) even though the couple had filed a notice of motion to strike out the charge under the Child Act 2001 for failure to disclose any offence.

According to the notice of motion, Zaim and Ismanira are seeking an immediate discharge and acquittal, saying the charges fail to disclose any offence under Section 31 of the Child Act 2001.

The section makes it an offence to abuse, neglect, abandon or expose a child in a manner likely to cause the child physical or emotional injury.

The couple contends that the charges brought against them lack sufficient particulars of the elements of the offence.

They also allege that the charges constitute an abuse of the court process and have caused them significant prejudice, resulting in a miscarriage of justice and warrant the dismissal and annulment of all the charges.

Zaim and Ismanira, both 30, pleaded not guilty in the sessions court on June 13 last year to charges of neglecting six-year-old Zayn Rayyan in a manner likely to cause him physical harm.

The offence allegedly occurred at PJU Damansara Damai between noon on Dec 5 and 9.55pm on Dec 6, 2023.

The charges were framed under Section 31(1)(a) of the Child Act 2001, 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, after an autopsy revealed injuries to his neck and body, consistent with self-defence.

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