PUTRAJAYA: The Federal Territory Social Welfare Department (JKM) will be allowed to adduce further evidence in an appeal brought by the Rumah Bonda Kuala Lumpur Welfare Organisation.
The Court of Appeal ruled on the matter yesterday.
Rumah Bonda is appealing against the High Court’s decision dated Nov 15, 2021, in dismissing its application to get leave for judicial review to challenge JKM’s move to seal the shelter.
This followed allegations of abuse of a 13-year-old girl with Down Syndrome, known as Bella.
In yesterday’s proceedings, senior federal counsel Nur Idayu Amir told a three-member panel the evidence was significant as JKM would be submitting that Rumah Bonda’s appeal was academic.
The counsel said the evidence was a new development following a Magistrate’s Court order on July 15 last year to remove the seal with the condition Rumah Bonda would not operate as a care centre until and unless it had been registered under the Care Centres Act 1993.
Lawyer Asiah Abd Jalil, representing Rumah Bonda, however, argued the court should reject the application as the reliefs sought was not confined to only a mandamus order to unseal the premises but also involved other declaratory orders.
The panel, comprising Justices Azizah Nawawi, Abu Bakar Jais and S. Nantha Balan, subsequently allowed JKM’s application, Bernama reported.
The shelter was ordered to close on July 12, 2021, for not being registered under the Care Centres Act.
On Aug 13, 2021, Rumah Bonda filed for leave to commence a judicial review at the High Court to challenge the action.
On Nov 15, 2021, the High Court dismissed the leave application.
On April 20, 2022, Rumah Bonda received a RM5,000 compound notice under Section 21A and Section 24 of the Care Centres Act.
Rumah Bonda was subsequently allowed to reopen following the Magistrate’s order in allowing its chairman Siti Bainun Ahd Razali’s (pic) application to unseal the property located in Jalan Kukuban in Taman Setapak, Kuala Lumpur.
This was on condition the premises would not be used as a care centre.
In her affidavit, Siti Bainun sought for the premises to be unsealed to continue its welfare works as well as as a centre for food bank activities.
Siti Bainun, 30, is currently on trial for two charges of neglecting and abusing Bella.
Asiah, when contacted, said Rumah Bonda’s appeal was fixed for case management on Jan 30.
