Zayn Rayyan's mother sentenced to five years jail for neglecting son

PETALING JAYA - The Sessions Court here today found the mother of Zayn Rayyan Abdul Matin guilty of neglecting the six-year-old autistic child, resulting in physical injury to the boy two years ago, and sentenced her to five years in prison.

Judge Dr Syahliza Warnoh meted out the sentence on Ismanira Abdul Manaf, 30, after finding that the defence had failed to raise reasonable doubts against the prosecution’s case at the end of the defence case.

The woman was ordered to begin serving her prison sentence today. She was also placed on a two-year good behaviour bond with a local guarantor and a security deposit of RM3,000.

The judge further ordered that she perform 120 hours of community service, to be completed within six months following the completion of her prison term.

On July 21, Judge Syahliza ordered Ismanira to enter her defence after ruling that the prosecution had successfully established a prima facie case against her. Her husband, Zaim Ikhwan Zahari, 30, was, however, acquitted and discharged of the same charge.

The couple had been charged with neglecting Zayn Rayyan in a manner likely to cause him physical injury in the vicinity of Block R, Idaman Apartments, Damansara Damai, and the nearby stream, between noon on Dec 5, 2023, and 9.55 pm the following day.

They were charged under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, which carries a maximum penalty of 20 years' imprisonment, a fine of RM50,000, or both, upon conviction.

In her judgment, Syahliza said the Child Act 2021 does not provide for an interpretation or definition of the word neglect under Section 31(1)(a) of the act.

In this regard, she said the court is not bound by any interpretation or psychological perspective of an organisation or charge in determining whether an accused person's action constitutes neglect, as such it must be based on the facts and evidence presented in the case.

"After hearing the testimonies of both the defence and prosecution witnesses, along with the submitted exhibits, and after considering the submissions of both parties, the court finds that the defence has failed to raise any reasonable doubt in this case.

"The court therefore rules that the prosecution has proven its case beyond a reasonable doubt against the accused. Accordingly, the accused is found guilty as charged," said the judge.

Syahliza said the defence argued that the accused did not neglect the boy during the incident, as it was his routine to walk behind his mother, and this behaviour was described as fixed and unchangeable.

However, the court found that this defence was inconsistent with the testimony of the accused herself and the fourth defence witness, Umi Syafiqah Rohizal, she added.

She said the court also found that walking behind the accused was not a rigid or unchangeable routine for the deceased.

"As for the defence's claim that the accused had supervised the deceased, the court found that on the day of the incident, the accused had allowed the deceased to walk behind her without proper supervision, which ultimately led to his disappearance," the judge said.

She added that the evidence of the fifth defence witness, Dr Noor Aisyah Rosli, was also deemed to be opinion-based and inconclusive, as the assessment of the deceased's behaviour had been made solely from information provided by the accused.

During mitigation, lawyer Haresh Mahadevan, representing Ismanira, appealed for his client to be fined instead of imprisoned, citing that the woman has another special-needs child with autism who requires her love and care.

"Throughout this case, my client has fully cooperated with the police. One fact that the court should take into account is that none of the witnesses stated that the accused did not love the late Zayn Rayyan. In fact, all witnesses described her as a loving person," said Haresh.

He added that imposing a custodial sentence would be inappropriate given the special circumstances of the accused's second child, who has special needs and is currently under the care of the Social Welfare Department.

"The real perpetrator responsible for Zayn Rayyan's death has yet to be brought to justice," he said.

However, Deputy Public Prosecutor (DPP) Raja Zaizul Faridah Raja Zaharudin argued that a fine would not be an appropriate punishment in this case.

"The accused's actions were outside the norm of a mother's duty, as she allowed the deceased to walk alone without supervision, which ultimately led to the child's death.

"Therefore, the court should impose a long prison sentence so that it becomes a message to society so that incidents like this do not happen again," said Raja Zaizul Faridah, who was also assisted by DPP Nur Sabrina Zubairi.

During today's proceedings, Haresh was also assisted by lawyers Ramzani Idris and Lavanesh Haresh. - BERNAMA