[UPDATED] Zayn Rayyan’s parents plead not guilty to child neglect charge

PETALING JAYA – Zayn Rayyan Abdul Matiin’s parents were charged with child neglect under Section 31(1)(a) of the Child Act 2001 at the sessions court here today.

Zaim Ikhwan Zahari and Ismanira Abdul Manaf were charged together for neglecting Zayn Rayyan, a child they have custody of, to the point that it may have caused him injury. 

They were accused of committing the offence on December 5 last year, around 12pm, which continued until December 6, around 9.55pm, at Jalan PJU 10/1, Damansara Damai. 

The charges were brought under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the same act, which provides for a maximum fine of RM50,000 or imprisonment of up to 20 years, or both, upon conviction.

Both 29-year-olds pleaded not guilty to the charge before judge Syahliza Warnoh today. 

Deputy public prosecutor Ku Hayati Ku Haron suggested that the court set bail at RM15,000 for each of the accused. 

She also suggested that the court consider ordering additional conditions, including surrendering their passport and reporting to the nearest police station on the first of every month. 

Zaim’s lawyer, Fahmi Abd Moin, pleaded for a minimal bail of RM5,000 for his client. He argued that bail should not be punitive since his client is innocent until proven guilty and that it is only intended to secure his attendance in court. 

However, he does not object to the additional conditions suggested. 

“Zaim was the family’s sole breadwinner, where he used to earn around RM1,800, working in an electronic company with his father. But Zayn’s death has completely turned Zaim’s life around. 

“Following Zayn’s death, police launched an investigation, and Zaim focused on assisting the authorities in searching for the culprit. 

“However, due to severe depression, he struggled to focus on his job.

“Currently, he is earning only as a deliveryman for Grab, with an unstable income, and they depend on their parents for their livelihood,” he said. 

Meanwhile, Ismanira’s lawyer, Mahmud Jumaat, also agreed with Fahmi’s argument and proposed that the court should consider a reduced bail amount of RM5,000 for both Zaim and Ismanira, equating to RM2,500 each. 

“My client is jobless and suffers from severe depression. She is currently undergoing treatment and striving to earn an income. 

“There is no risk of flight. They have cooperated fully with the authorities since the beginning of this investigation,” he said. 

However, Ku Hayati defended her suggestion, stating that was the appropriate amount of bail given the offence. 

“The indirect consequence of the charge has resulted in Zayn’s death.” 

“Furthermore, I wonder if Ismanira is considered fit after today’s proceedings, given the lawyer’s mitigation submission highlighting Isma’s severe depression. 

“I fear that this might have influenced Isma’s plea,” she said. 

Mahmud rebutted this, arguing that the emphasis on Ismanira’s depression should be considered by the court in deciding on their bail.  

This prompted the court to ask Ismanira about her condition and whether she understood the charges and sentences that came with it. 

“I understand the charges and the sentence and I plead not guilty,” she said. 

Following this, the court set RM10,000 bail for each of the accused, along with an additional condition to report to the nearby police station on the first day of every month, and to refrain from disturbing the prosecution’s witnesses. 

The court did not order their passports to be surrendered, as the documents had expired three years ago. 

Subsequently, Fahmi requested that the court impose a gag order on the general public to prevent any parties from making comments that could amount to subjudice.  

Meanwhile, the prosecution also requested that the court order both accused parties not to make any comments regarding the case. 

The court granted a gag order for all parties involved in the case, and fixed July 26 for mention. 

Zaim and Ismanira were both released on bail after their bailors settled the payments around 12.40pm.

On December 6 last year, the 6-year-old’s body was found at a stream near Idaman Apartments, Damansara Damai. 

A post-mortem indicated that the child was killed, based on injuries found on his neck and body. – June 13, 2024