The parents of Zayn Rayyan Abdul Matin have applied to be immediately acquitted of a charge of neglecting him at the Shah Alam High Court, Malay language daily Sinar Harian reports.
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NewsTranscript
00:00The parents of Zain Raiyan Abdul Matin have applied for an immediate acquittal of the
00:06charge of neglecting him at the Shah Alam High Court.
00:10Sinar Harian reported on Thursday that Zaim Ikhwan Zahari and his wife, Isma Neera Abdul
00:16Manaf, both aged 30, filed the application through legal firm Messrs Wong & Co, naming
00:22the prosecution as the respondent.
00:25In the notice of motion, the couple sought to have the case dismissed, arguing that the
00:29charges filed on June 13, 2024, did not constitute an offence under Section 31 of the Child Act
00:362001.
00:38They claimed the charge lacked sufficient details about the alleged offences, making
00:43it impossible for them to provide instructions to their lawyers.
00:46The couple further alleged that the charge was prejudicial and amounted to an abuse of
00:51the court process.
00:53They asserted that the failure to provide specific details violated Sections 153 and
00:59154 of the Criminal Procedure Code, thereby infringing on their constitutional right to
01:05a fair trial under Articles 5 and 8 of the Federal Constitution.
01:10Their lawyer, Haresh Mahadevan, requested the court to postpone the trial, initially
01:14scheduled to begin on February 3.
01:17Deputy Public Prosecutor Raja Zaizul Farida Raja Zaharuddin argued that the court should
01:23first address the notice application before proceeding with the trial.
01:28She left the matter of trial dates, set for February 3-7, to the court's discretion.
01:35After hearing the application, Judge Dr Shaliza Wano set January 28 for case management to
01:41address the status of the notice.
01:43Zain Rayan, a six-year-old autistic child, was reported missing from his home at Idamman
01:49Apartment, Damansara Damai, on December 5, 2023, and was found dead the following day.
01:57On June 13, 2024, Zaim Ikhwan and Isma Nira pleaded not guilty to charges of neglecting
02:04Zain in a manner that could have caused physical harm.
02:08The alleged offense occurred between noon on December 5, 2023, and 9.55 p.m. the next
02:15day at Jalan PJU 10-1, Damansara Damai.
02:19The charge, filed under Section 311A of the Child Act 2001 and read in conjunction with
02:26Section 34, carries a maximum penalty of a 50,000 ringgit fine, up to 20 years of imprisonment,
02:33or both upon conviction.
02:45For more information, visit www.fema.gov