High Court affirms Zayn Rayyan's mother's conviction, jail term for child neglect

The Shah Alam High Court affirmed the conviction and jail term for Zayn Rayyan Abdul Matin’s mother, Ismanira Abdul Manaf, over a child neglect crime today.

Judge Noor Hisham Ismail held that Ismanira is being punished for her own negligence, not for a crime committed by a third party.

In his verdict, the court found no appealable error in the lower court’s decision after thoroughly reviewing the appeal records and both parties’ written and oral submissions.

Hisham found that the element of child neglect under Section 31(1)(a) of the Child Act 2001 was clear, as was the manner of neglect detailed in the charge.

“The accused could not possibly have been misled (by confusing wordings in the charge). Therefore, there has been no failure of justice in this regard.”

Hisham, referring to the phrase “may cause physical harm” under Section 31, said the wording explains the nature of the neglect, not its consequences.

In this regard, the judge said the prosecution does not need to prove actual injury or direct causation.

“The word 'may' requires a real or substantial risk, assessed objectively, rather than a mere theoretical possibility.

“Even if the lower court erred by treating causation as an element, this court is of the view that such an approach does not affect the conviction,” he said, in dismissing Ismanira’s appeal against her conviction and jail term.

The judge also dismissed the prosecution’s cross-appeal to revise Ismanira’s jail sentence.

Child neglect charge

Ismanira, 31, was charged under Section 31(1)(a) of Act in 2024, where she was accused of committing child neglect against Zayn from Dec 5 to 6 in 2023, to the point that it may have caused him physical harm.

She was initially charged alongside her husband, Zaim Ikhwan Zahari. However, Zaim was acquitted on July 21 last year after the court found that 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 two years ago 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.

Ismanira was convicted on Oct 31 last year and sentenced to five years in prison. She began serving her jail time right away after judge Syahliza Warnoh dismissed her stay of execution application.

The judge 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.

'All will be cursed, watch out botak!' - Zayn Rayyan's father erupts

No witness testified parents neglected Zayn Rayyan: Investigating officer

Blood in Zayn Rayyan's room matches victim, court told

Zayn Rayyan strangled to death, says forensics consultant