13-6-2024 (KUALA LUMPUR) In a development that has sent shockwaves through the nation, the parents of Zayn Rayyan Abdul Matiin were charged with child neglect under Section 31(1)(a) of the Child Act 2001 at the sessions court in Petaling Jaya today. The charges against Zaim Ikhwan Zahari and Ismanira Abdul Manaf allege that they neglected their child, Zayn Rayyan, to the point where injury may have been inflicted upon him.
The offence is alleged to have occurred on December 5th of the previous year, around noon, and continued until the 6th of December, approximately 9:55 pm, at Jalan PJU 10/1, Damansara Damai. The charges were brought under Section 31(1)(a) of the Child Act 2001, read in conjunction with Section 34 of the same act, which carries a maximum penalty of a RM50,000 fine or imprisonment of up to 20 years, or both, upon conviction.
Both accused, aged 29, entered pleas of not guilty 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, further proposing that additional conditions be considered, such as the surrender of passports and monthly reporting to the nearest police station.
Zaim’s lawyer, Fahmi Abd Moin, pleaded for a minimal bail of RM5,000 for his client, arguing that bail should not be punitive since his client is presumed innocent until proven guilty, and that its purpose is solely to secure his attendance in court. However, he did 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,” Fahmi stated. “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.”
Meanwhile, Ismanira’s lawyer, Mahmud Jumaat, concurred with Fahmi’s argument and proposed that the court 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 the proposed amount was appropriate given the severity of the offence. “The indirect consequence of the charge has resulted in Zayn’s death,” she remarked, further questioning Ismanira’s fitness to enter a plea, given the lawyer’s mitigation submission highlighting her severe depression.
Mahmud rebutted this, arguing that Ismanira’s depression should be considered by the court in deciding on their bail. This prompted the court to inquire about Ismanira’s condition and her understanding of the charges and sentences.
“I understand the charges and the sentence, and I plead not guilty,” she stated.
Following this exchange, the court set bail at RM10,000 for each of the accused, along with the 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 the next mention. Zaim and Ismanira were both released on bail after their bailors settled the payments around 12:40 pm.
The tragic case has captured the nation’s attention, with many awaiting justice for the death of 6-year-old Zayn Rayyan, whose body was found at a stream near Idaman Apartments, Damansara Damai, on December 6 of the previous year.
