SHAH ALAM, Jan 6 — Zayn Rayyan Abdul Matiin's father Zaim Ikhwan Zahari, 31, remains a free man after the High Court dismissed the prosecution’s appeal against his acquittal on the charge of neglecting the six-year-old autistic child to the point of causing physical harm to the boy three years ago.
His lawyer Haresh Mahadevan said this follows the prosecution’s withdrawal of its appeal against the decision of the Petaling Jaya Sessions Court last year in acquitting and discharging his client.
"The prosecution informed the High Court Judge that they had filed a Notice of Withdrawal of Appeal this morning and did not wish to proceed with the appeal... The High Court Judge subsequently dismissed the public prosecutor's appeal," he said when contacted.
The proceedings before Judge Suriyati Hasimah Mohd Hashim today were attended by Deputy Public Prosecutor Ainul Mardiyah Mohd Ali, while Zaim was represented by Haresh and lawyer Ramzani Idris.
On July 21 last year, Sessions Court Judge Syahliza Warnoh acquitted and discharged the accused after finding that the prosecution failed to prove a prima facie case against him.
However, the court ordered Zayn's mother Ismanira Abdul Manaf, 30, to enter her defence on the same charge.
Zaim and Ismanira were charged with neglecting Zayn in a manner likely to cause physical harm to the victim in the vicinity of Block R, Idaman Apartment, Damansara Damai, up to the nearby river area between 12pm on December 5 and 9.55 pm on December 6, 2023.
They were charged under Section 31(1)(a) of the Child Act 2001, read with Section 34 of the Penal Code, which provides a maximum sentence of 20 years imprisonment or a fine of RM50,000 or both, if convicted.
On October 31 last year, Judge Syahliza found Ismanira, 31, guilty and sentenced her to five years in prison. She ordered the woman to be sent to the Kajang Women's Prison immediately after rejecting her application to stay the sentence pending an appeal at the High Court.
