KUALA LUMPUR: Rumah Bonda founder Siti Bainun Ahd Razali (pic), who is facing charges of neglecting and abusing the Down syndrome girl known as Bella, has been ordered by the Sessions Court here to give her statement of defence even without being represented by any lawyer.
The order was made by Sessions judge Izralizam Sanusi on Thursday (Jan 26) after deciding that the defence proceedings must go on so as not to disrupt the course of the case.
"The court has absolute discretion to allow or reject the application for postponement. In this case, I have to use my wise discretion. So today, we will begin with you reading your witness statement which has been received by the prosecution.
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"I have taken into account that your statement comes in approximately 200 pages and I believe that the reading of the statement will take two days. I am also concerned about your right to be represented by a lawyer. So, I will postpone the cross-examination by the deputy public prosecutor.
"You have given your word to have a lawyer appointed within a month. As the hearing day was set on Feb 20, I am sure the DPP can do the cross-examination with you having a lawyer by then,” he said.
When the judge asked whether she had filed a complaint to the Malaysian Bar against all her five lawyers who withdrew from her case, Siti Bainun said: "No, because they are still helping me in preparing the statement of claim and other documents relating to the proceedings.”
DPP Zilfinaz Abbas objected to several paragraphs in Siti Bainun’s witness statement on the grounds that it touched upon the personal matters of previous witnesses and the expertise of the prosecution’s witnesses.
The judge then ordered the prosecution to list the paragraphs in question and stood down to decide on the matter.
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On Nov 24, the judge ordered Siti Bainun to enter her defence on two charges of neglecting and abusing Bella after the prosecution managed to establish a prima facie case against her at the end of the prosecution case.
Siti Bainun, 30, was alleged to have committed the offence in a condominium unit in Wangsa Maju between February and June 2021.
The charges were framed under Section 31(1)(a) of the Child Act 2001 which carries imprisonment of up to 20 years or a fine of RM50,000 or both, if found guilty. – Bernama
