'Even animals would not inflict such injuries': Judge decries Bella abuse

Court of Appeal judge Azman Abdullah issued a scathing judgment today, asserting that even animals would not have the capacity for such cruelty as that inflicted upon teenage victim Bella.

In dismissing Siti Bainun Ahd Razali’s appeal against her 12-year jail time, Azman said that the panel of three judges unanimously affirmed the sentence, which should serve as a stern reminder to the public.

The judge said that, regardless of whether a person is entrusted with looking after Bella, the victim should be given the utmost care, especially since she is a disabled person.

“Even animals would not have the sense or the heart to cause injuries (on others), such as seen on Bella.

“This sentence should serve not only as reminder to the appellant (Siti Bainun), but to all of us and the public to be fearful of the punishment and existing laws, (to not abuse) even though we have the willpower to do whatever we want, against who we think can’t fight us back,” he said.

Presiding with Azman were Azmi Ariffin and Hayatul Akmal Abdul Aziz.

Hearing this, the 33-year-old Siti Bainun, clad in a light-yellow garment, was seen visibly overwhelmed with emotions and holding her sob as she stood in the dock.

Final appeal dismissed

Earlier, the panel dismissed Siti Bainun’s final appeal over her conviction and sentence, affirming the Sessions Court and High Court’s decision, after finding that the injuries suffered by Bella were neither non-accidental nor self-inflicted.

Siti Bainun’s defence team in today’s proceedings was led by lawyers Haijan Omar, Nurul Hafidzah Hassan, Nur Aminahtu Mardiah Md Nor, Asyraaf Abu Bakar Hamzah, Laila Rafaee and Putri Ainaa Amiera Megat Mustaffa Al-Bakri.

The prosecution team was led by deputy public prosecutors Nor Azizah Mohamed, Tetralina Ahmad Fauzi, Analia Kamarudin and Hidayat Wahab.

Siti Bainun was charged in 2021, under Section 31(1)(a) of the Child Act 2001, with neglecting and abusing Bella to the point that she suffered physical and emotional injuries, at a condominium in Wangsa Maju, Kuala Lumpur, between February and June 2021.

The Kuala Lumpur Sessions Court, in 2023, sentenced Siti Bainun to a 10-year jail term after finding her guilty of neglecting Bella, and 12 years of jail for abusing the victim, who was 13 years old during the period of abuse.

Judge Izralizam Sanusi ordered that the jail terms be served concurrently.

In his judgement, Izralizam said Bella was not only neglected by Siti Bainun to a point of serious injuries, but it was also proven that the teenager’s legal guardian was involved in abusing her.

He also ordered the 33-year-old to sign a good behaviour bond for five years, with one surety and RM5,000 collateral, as well as to serve 200 aggregate hours of community service within six months after she finishes her jail time.

In May last year, the High Court upheld Siti Bainun’s conviction and sentences after finding there was no reason to disturb the lower court decision.

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