Verdict on appeal by Zayn's mum to stay jail sentence set for Dec 23

The Shah Alam High Court will deliver its decision on Zayn Rayyan Abdul Matin’s mother, Ismanira Abdul Manaf’s appeal to stay her jail sentence on Dec 23.

The 30-year-old was sent to jail on Oct 31 after the Petaling Jaya Sessions Court found her guilty of neglecting her autistic son Zayn, who was found dead in 2023, and denied her application to postpone her jail sentence pending her substantive appeal against the conviction.

Judge Aslam Zainuddin fixed the verdict date after hearing submissions from Ismanira’s lawyer, Haresh Mahadevan, and replies from deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin today.

Haresh had submitted that it is important for Ismanira to be with her second child - who is also autistic - to secure his well-being, as separation or prison visitation posed psychological risks to the child, which he based on a child psychologist’s evaluation report.

“Separation can cause trauma, emotional disorders, separation anxiety and risks of complex depression for autistic children.

“If a stay of execution is refused, the child would be required to visit the applicant (Ismanira) at Kajang Prison every two months, where all visits are conducted behind a glass screen.

“(This would prohibit) any form of physical touch, an essential component of his emotional regulation and comfort (which poses) serious psychological risks, particularly to a child with autism,” he told the court.

The lawyer added that Ismanira does not have a prior criminal record and that there is no reason to believe that she would abscond, given that she has cooperated in attending every trial date when the case was ongoing in the Sessions Court previously.

Responsibility to attend trial

However, the prosecutor replied that these reasons do not equate to special circumstances, as it is Ismanira's responsibility to attend trial.

Raja Zaizul added that the need for Ismanira to physically be with her second child should not be considered, given the circumstances of her criminal charge.

“(Citing an expert report) is not enough to prove the existence of a special circumstance, as there is no affidavit to support the applicant’s argument.

“(Ismanira) has failed to submit any affidavits from doctors or experts to show that her second child is not stable or unwell. There should be at least one affidavit for (court’s) consideration.

“Therefore, the respondent felt that these reasons do not equate to a special situation that needed to be considered, and should not be considered at all,” he said.

Apart from an appeal to stay her jail sentence, the High Court previously fixed Dec 17 for case management regarding her substantive appeal against her conviction.

Failure to supervise son

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

She was convicted in October this year after Petaling Jaya Sessions Court found her defence had failed to raise a reasonable doubt against the prosecution’s case, as judge Syahliza Warnoh found she was negligent by allowing Zayn to walk behind her without supervision, which led to his disappearance.

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 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.

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