PETALING JAYA, Oct 31 — Zayn Rayyan Abdul Matiin’s mother, Ismanira Abdul Manaf, has been sentenced to five years in jail after being found guilty of neglecting the six-year-old autistic boy and causing him physical injury two years ago.
At the Sessions Court here today, judge Syahliza Warnoh delivered the judgment upon finding that the defence failed to raise reasonable doubt against Ismanira’s case.
Ismanira will start her sentence today and sign a good behaviour bond with a citizen guarantor with a RM3,000 collateral.
She has also been ordered to perform 120 hours of community service within six months after completing her jail term.
On July 21, Syahliza had ordered Ismanira, 30, to enter her defence after ruling that the prosecution had established a prima facie case against her.
In the same proceedings, Ismanira’s husband, Zaim Ikhwan Zahari, aged 30, was acquitted and discharged on the same accusation.
The court is now in recess for the defence and prosecution to prepare their respective submissions on mitigation and sentencing.
Ismanira and Zaim Ikhwan 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 December 5, 2023, and 9.55pm 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.
The prosecution was conducted by deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz and Nur Sabrina Zubairi. Ismanira was represented by counsel Haresh Mahadevan, Ramzani Idris and Lavanesh Haresh.
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.
Syahliza said the court found that walking behind the accused was not a rigid 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, Ismanira’s lawyer Haresh Mahadevan appealed for his client to be fined instead of imprisoned, citing that the woman has another 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 (JKM).
“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 it becomes a message to society and incidents like this do not recur,” said the DPP.
