Court finds Zayn Rayyan's mum guilty of child neglect, gets 5-year jail time

The Petaling Jaya Sessions Court has convicted Zayn Rayyan Abdul Matin’s mother, Ismanira Abdul Manaf, of child neglect today and sentenced her to five years in prison.

Judge Syahliza Warnoh ordered Ismanira to start serving her sentence today, after dismissing her application to postpone her imprisonment.

“The reasons submitted (by the defence for a stay) do not amount to a special circumstance; there is no reason that convinces me to grant a stay of imprisonment.

“The application for a stay of jail term execution is therefore dismissed,” said the judge.

Syahliza added that matters relating to the custody of Zayn’s younger brother are personal to the accused and not a public-interest issue.

Apart from jail time, Syahliza also ordered Ismanira to sign a good behaviour bond for two years with one surety, with RM3,000 collateral, as well as to serve 120 hours of community service.

Ismanira was represented by Haresh Mahadevan, while Raja Zaizul Faridah Raja Zaharudin served as prosecutor.

Defence failed to raise reasonable doubt

Earlier, the judge convicted the 30-year-old after her defence failed to raise reasonable doubt against the prosecution’s case.

The court found that Ismanira was neglectful by allowing Zayn to walk behind her without supervision, which led to his disappearance.

Ismanira was charged on June 13 last year with child neglect under Section 31(1)(a) of the Child Act 2001, where she was accused of committing the offence against Zayn from Dec 5 to 6 in 2023, to the point that it may cause him physical harm.

She was initially charged alongside her husband, Zaim Ikhwan Zahari. However, Zaim was acquitted on July 21 after the court found the prosecution had failed to prove a prima facie case against him.

The six-year-old Zayn, who was autistic, went missing on Dec 5 and was found dead near a stream at his house the next day, with injuries found on his neck and body. A post-mortem on his remains showed that he was murdered.

Trauma to Zayn’s brother if separation prolonged

A faint “Allahuakbar” was heard in the gallery after the court found Ismanira guilty, with a sombre mood engulfing the courtroom as Haresh submitted to the court that Ismanira is a first-time offender and that a jail sentence would separate the accused from her second child, who is also autistic.

“What happened in December 2023 was very traumatic for (the accused) and her husband, (and yet) the real perpetrator who had brutally killed Zayn has yet to be brought to justice.

“At the same time, her second child, who was also a special child with autism like Zayn, was forcefully taken from her by the Social Welfare Department.

“We respectfully submit that if a custodial sentence is imposed, this boy’s well-being will suffer tremendously,” he said, seeking a fine against Ismanira instead of imprisonment.

Haresh further said that Ismanira’s love and care are crucial to her youngest son’s growth, adding that the dynamics between a child and their father often differ tremendously.

“The law in Malaysia, including Section 88 of the Malaysian Law Reform (Marriage and Divorce) Act 1976, stipulates that in a custody battle, there is a presumption that the custody of a child below the age of seven years old belongs to the mother. 

“That is how strong the law is there to protect the relationship between the child and the mother. Here we are, dealing with a child who suffers from severe autism.

“If the separation (between Ismanira and her child) occurs, it is not impossible for the boy to experience depression, which is very dangerous for autistic kids who are already facing challenges in understanding and controlling their emotions,” he said.

He further urged the court to consider that the investigative authorities had admitted that some criminal procedures were not followed during the probe into the case.

“One very important factor for the court to take into account is that not a single witness said the accused did not love Zayn; all the witnesses said she is a loving person,” Haresh said.

Ismanira, who was sitting in the dock, and Zaim, in the gallery, were seen quietly sobbing uncontrollably as her lawyer made his submissions.

‘Jail time would be lesson to public’

However, Sabrina replied that a jail sentence is appropriate as it would serve as a lesson to the public, especially in prioritising the care of special needs children.

She added that the penalties provided under Section 31(1)(a) are intended to inject elements of rehabilitation and repentance into offenders, in line with Parliament’s intention.

“The deceased was the accused’s biological child, who was a special needs child, one who really needed observation, care, and utmost supervision from the accused.

“This should have been known by the accused as a person; it is the nature of a mother to provide all the necessities to her child, let alone a special one like Zayn.

“But what happened in this case… it caused injuries and the loss of Zayn’s life. A severe punishment should be imposed on the accused, who is responsible for the injuries suffered by the deceased.”

Husband’s fury

The situation became tense after the court rejected a stay of execution application by the defence, with Zaim admonishing those in attendance.

Zaim was heard yelling, “laknat, semua ni akan laknat!” (everyone here will be cursed) as the police escorted Ismanira out of court.

Members of the media were asked to remain in court as Zaim’s family tried to comfort him while leaving the court.

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