PETALING JAYA – Zayn Rayyan Abdul Matiin’s mother, Ismanira Abdul Manaf, recorded a confession in closed proceedings before a magistrate today but she did not plead guilty, her lawyer said.
Mahmud Jumaat said Ismanira’s confession was recorded under Section 26 (1) of the Evidence Act 1950.
The section states that a confession recorded while under police custody cannot be used against the person in court unless it is made in the presence of a sessions court judge or magistrate.
Mahmud said because confessions made while in police custody cannot be used, police brought Ismanira before a magistrate to record a guilty plea, but she did not do so.
“Isma emphasised today that she does not want to plead guilty, but instead gave evidence that is different from what is being alleged out there, that she had confessed guilt and was involved in the murder,” Mahmud told the media at the court complex here today.
Earlier, a police source told Scoop that one parent of Zayn’s recorded a confession at the court today, and a charge will likely be preferred tomorrow. He did not state which parent was involved.
The remand orders for Ismanira and her husband, Zaim Ikhwan Zahari, both end tomorrow.
Mahmud said only Ismanira was present for the closed proceeding under the Evidence Act.
“Tomorrow, we are told that there will either be a charge, or if there is no charge, they will be freed on police bail.
“I wish to state here that we, the lawyers, just like the Malaysian people out there, want justice for Zayn.
“I also urge the public to stop spreading false news about the family,” he said.
Under Section 26(1) of the Evidence Act 1950, a confession recorded while under police custody cannot be used against the person in court unless it is made in the presence of a sessions court judge or magistrate.
However, Fahmi Abd Moin, the lawyer representing Ismanira’s husband, Zaim Ikhwan, contested the police’s move to have Ismanira’s confession recorded under the Evidence Act.
“We were not aware of the closed proceedings today and we only found out from the media this morning.
“It is very strange that Ismanira was taken before a magistrate to have a confession recorded. We asked what the basis was for her and for the investigating officer to appear before the magistrate today.
“We objected to the proceeding on grounds that there is no provision for it as Section 115 of the Criminal Procedure Code (CPC) has been deleted,” Fahmi told reporters.
He added that the case investigating officer asked for the proceeding to be done under Section 26 of the Evidence Act and not the CPC, to which Fahmi again objected.
He said their objection was recorded by the court.
The CPC was amended in 2006 to delete Section 115, while Section 26 of the Evidence Act remains in force.
Ismanira left the court complex under police guard at about 12.50pm today after the closed proceedings.
She and husband, Zaim Ikhwan, were arrested on May 31 and were remanded for seven days from June 1 to assist in the investigation into the 6-year-old’s murder. Their remand was extended by another six days until tomorrow.
On Monday, Ismanira was brought back to Idaman Apartments in Damansara Damai to re-enact the events leading up to Zayn’s disappearance and the discovery of his body.
Zayn’s body was found in a creek about 200m from his family’s home on December 6, last year. – June 12, 2024