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Siti Bainun ordered to enter defence on charges of abusing Bella
Rumah Bonda founder Siti Bainun Ahd Razali was today ordered by the Sessions Court in Kuala Lumpur to enter her defence on charges of neglecting and abusing a 13-year-old Down syndrome girl known as Bella.
Judge Izralizam Sanusi made the order after finding that the prosecution had succeeded in establishing a prima facie case against Siti Bainun at the end of the prosecution case.
Siti Bainun (above), 30, had pleaded not guilty to the charges of neglecting and abusing the teenager to an extent that the girl suffered physical and emotional injuries...
Rumah Bonda founder Siti Bainun Ahd Razali was today ordered by the Sessions Court in Kuala Lumpur to enter her defence on charges of neglecting and abusing a 13-year-old Down syndrome girl known as Bella.
Judge Izralizam Sanusi made the order after finding that the prosecution had succeeded in establishing a prima facie case against Siti Bainun at the end of the prosecution case.
Siti Bainun (above), 30, had pleaded not guilty to the charges of neglecting and abusing the teenager to an extent that the girl suffered physical and emotional injuries, in a condominium unit in Wangsa Maju between February and June 2021.
The charges were framed under Section 31(1)(a) of the Child Act 2001 which carries imprisonment for up to 20 years or a fine of RM50,000 or both, if found guilty.
The prosecution is represented by deputy public prosecutors Nor Azizah Mohamad, Zilfinaz Abbas, Zahida Zakaria, Fazeedah Faik and Shakira Aliana Alias, while lawyers Nur'Aminahtul Mardiah Md Nor, Mohammad Farhan Maaruf, Nurul Hafidzah Hassan, Asiah Abd Jalil and Nur Ellena Mohamed Razif represented Siti Bainun.
Also present were lawyers Khairul Anwar Rahmat, Ikbal Salam and Mohd Radzi Yatiman who were appointed by the Johor Crown Prince Tunku Ismail Sultan Ibrahim to hold a watching brief.
Judge Izralizam, when ordering Siti Bainun to enter her defence, said in his judgement that the girl would not have suffered such pain if she was looked after well.
“Based on the testimony of the prosecution witnesses consisting of medical experts from Kuala Lumpur Hospital (HKL) who treated Bella and the former residents of Rumah Bonda, as well as based on photographs of Bella’s injuries and recordings via mobile phones, I found that the victim suffered physical and emotional injuries while in the custody of the accused (Siti Bainun).
“The third prosecution witness (HKL pediatrician Dr Nizam Malik Bali Mohamed) said that there were many traces of old wounds on the face, left neck, back, abdomen, and right thigh of the patient (Bella), and based on the testimony by the fourth prosecution witness (HKL medical officer Dr Sheshadri Sridar), there were burn marks on both Bella’s hands and scars on her body,” he said.
As such, he said, the prosecution had succeeded in proving that the accused mistreated and caused physical and emotional injuries to Bella.
The judge said HKL plastic surgeon Dr Salmi Mohamed Shukur (15th prosecution witness), who treated the wounds on both of Bella’s hands, stated that while treating the girl, she found that the injuries were serious and that the wounds took time to heal.
“The witness also stated that the wounds on both of Bella’s hands were second-degree burns and were not caused by an accident or self-inflicted injury,” said Izralizam.
Referring to the testimony by Dr Meenabigai PK Sevarah (second prosecution witness), of the Emergency and Trauma Division at HKL, he said there were injuries and old scars on Bella’s body when she was first taken to the hospital.
Meanwhile, Izralizam said a community nurse at the Taman Sinar Harapan welfare home, Wan Zuriena Wan Ismail (14th prosecution witness) stated that Bella was traumatised and scared when she was brought back to the home.
“The 14th prosecution witness used to treat Bella when the girl was at Taman Sinar Harapan and after the girl was handed over to the accused… she found that after Bella was sent back to the home, the girl became afraid of people, that she was not the same as before and was traumatised and often screamed at night,” he said.
- BernamaLawyer Mohammad Farhan Maaruf, representing Siti Bainun, then informed the court that his client would testify under oath from the witness stand.
“The prosecution has offered 15 witnesses to the defence, but we have yet to receive instructions from our client regarding the matter.
“The defence will call five witnesses, including Siti Bainun, and we will file the witness list tomorrow,” he said.
The court sets five days, from Dec 5, for the defence trial.
Siti Bainun, 30, was seen crying and was comforted by her lawyer after hearing the decision.
She had pleaded not guilty to charges of neglecting and abusing the teenager to an extent that the girl suffered physical and emotional injuries, in a condominium unit in Wangsa Maju between February and June 2021.
The charges were framed under Section 31(1)(a) of the Child Act 2001 which carries imprisonment for up to 20 years or a fine of RM50,000 or both, if found guilty.
Meanwhile, lawyers appointed to hold a watching brief in the case, in a media statement issued today, said they were satisfied with today’s decision which had taken into account all the evidence, the testimony of the prosecution witnesses and the submissions by both parties.
“Indeed, justice, in this case, needs to be obtained immediately so that parents or guardians, especially of disabled children, take seriously the aspect of the welfare of children in their care. The findings of the court today are a manifestation of the struggle by Bella and the society in seeking justice for her (Bella),” it read.
- Bernama
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