KUALA LUMPUR: About two years ago, Malaysia cried for a Down Syndrome teenager known as Bella when photos of her physical injuries were splashed all over social media.
The outrage was so palpable that a nationwide campaign, #JusticeForBella, was started to support the then 13-year-old, with many demanding justice for the disabled teen.
For the pain that Bella went through, her caregiver, Rumah Bonda founder Siti Bainun Ahd Razali, 31, was sent to jail for 12 years yesterday after the Sessions Court here found her guilty of two counts of neglect and abuse by causing Bella physical and emotional pain.
In his decision, Sessions Court judge Izralizam Sanusi said Siti Bainun’s defence had failed to raise reasonable doubt in the case.
He particularly highlighted an incident that Siti Bainun claimed to have happened in the laundry room of her condominium, where Bella was allegedly scalded by hot water in an insulated water container.
Siti Bainun testified that the alleged incident happened between May 6 and May 9, 2021, while she was away from her condominium to work at Rumah Bonda.
Izralizam said Siti Bainun failed to inform Bella’s child protection officer of the incident in a timely manner and she only took Bella to see a doctor much later after the incident.
“This action of referring Bella to a doctor almost a month after an accident that caused serious harm to Bella is unreasonable.
“This shows the accident involving hot water never really happened,” he said, adding that if the accident had happened, the wound would have affected only one part of Bella’s body and she would not have injuries covering almost her entire body.
“Therefore, to say that the injuries sustained by Bella came from one single accident is unreasonable and therefore (the evidence) must be dismissed,” he added.
The doctors who testified as prosecution witnesses had also confirmed that Bella’s injuries happened at “multiple different times”.
The teenager suffered “burn wounds”, “multiple scars” and “patches here and there,” and one doctor testified that the injuries were “suspected non-accidental injury”.
“The accused herself admitted during cross-examination that there were existing injuries on Bella’s left hand in March and April 2021, before the incident in May.
“Not only the court finds the defence unbelievable and unacceptable, (but) the court also finds the defence had failed to raise any reasonable doubt in the prosecution’s case,” Izralizam said.
Siti Bainun’s lawyer Mohammad Farhan Maaruf then mitigated for a minimal sentence on the grounds that his client has an elderly mother to take care of.
He said Siti Bainun was now self-employed and took orders for cakes that she baked with her sister.
Mohammad Farhan said his client never missed a court date without reason and asked the court not to impose prison time.
“A long prison time would not punish the accused, but it would punish her mother who is dependent on her.
“We also believe if the accused is imprisoned, our current prison facility could not cater for a person of her accord, of her physical being,” the lawyer said, referring to Siti Bainun’s health conditions.
He said the court’s finding of a guilty verdict had shown that justice was served and suggested prison time be replaced with a fine instead.
In pushing for a heavy sentence, deputy public prosecutor Zahida Zakaria said the full weight of the law should come down on those who deliberately cause harm to a child.
She said there were burn wounds and multiple scars almost all over Bella’s body.
“This was physical pain inflicted on Bella ... not only was this pain permanent on her body, (but) she was also inflicted with emotional pain,” she said.
DPP Zahida said the court must consider the interest of the public more than the accused.
She said the accused had abused the trust given to her by neglecting and abusing Bella, thus negating the fact that she was a child activist and a first-time offender.Izralizam then sentenced Siti Bainun to 10 years in jail for the offence of negligence and 12 years for abuse and ordered both sentences run concurrently from the date of sentencing.
He also ordered Siti Bainun to sign a five-year good behaviour bond with RM5,000 collateral in one surety as well as for the accused to serve six months’ community service with an aggregate of 200 hours after completing her prison sentence.
The accused did not react to the verdict and the sentencing.
The court also dismissed Siti Bainun’s application for a stay of execution pending an appeal to the High Court.
In his dismissal, Izralizam said the defence had not shown any exceptional circumstances that could warrant a stay.
“This court has convicted the accused and there is no reason that could convince me to order a stay of execution.
“The defence cited that the accused needed to care for her mother, but this is a private factor involving family members. Filing a notice of appeal is not justification for a stay.
“I am of the opinion that justice in this case must be served with the sentence being immediately carried out,” he said.
On Aug 20, 2021, Siti Bainun claimed trial to a charge of neglect involving Bella, causing her to suffer physical and emotional injuries at a condominium unit in Section 10, Wangsa Maju between February and June 2021.
On Nov 25, 2021, she was again charged but this time for abuse involving Bella, causing her to suffer physical and emotional injuries at the same place and time.The charges were framed under Section 31(1)(a) of the Children’s Act 2001, which carries a maximum of 20 years imprisonment or a fine of RM50,000 or both if convicted.
On Nov 24, 2022, Siti Bainun was ordered to enter her defence on the charges after the prosecution had proven prima facie in the case.
A total of 22 prosecution witnesses and eight defence witnesses testified in the trial which captured the nation’s attention.
