KUALA LUMPUR: The High Court here has dismissed an application by Rumah Bonda founder, Siti Bainun Ahd Razali, to stay her 12-year jail sentence pending her appeal to the High Court.
Justice Ahmad Bache made the dismissal here on Tuesday (May 23) on grounds that the application had no merit.
Siti Bainun filed the application earlier this month after her conviction in the neglect and abuse case involving Down Syndrome teenager named Bella.
She cited health reasons such as asthma and gastroesophageal reflux disease (GERD), and that she is supporting a child and an elderly mother who is also sick, among the grounds for her stay application.
Justice Ahmad, however, found that the reasons did not tantamount to special circumstances that could warrant a stay of execution.
He said from the supporting affidavit, Siti Bainun did not include any specialist doctor's report on her condition when the burden of proof lies on her.
The prosecution also rebutted Siti Bainun's health reasons with an affidavit-in-reply from a Kajang Women's Prison medical officer who affirmed that the applicant was in a stable condition and did not suffer from any health complications.
The court further found that the child, whom she claimed was under her care, was in fact living with his own parents in Puchong.
"After going through the affidavits, submissions by parties and the court records, the court finds that the issues brought forth by the applicant are not issues that could be considered as special circumstances.
"The applicant was convicted by the Sessions Court judge and the Sessions Court judge had also dismissed this same application with reasons that this High Court agrees with.
"The application is therefore dismissed," Justice Ahmad said.
On May 3, Siti Bainun, 31, was sentenced by the Sessions Court to 10 years in jail for the offence of negligence and 12 years for abuse.
Both sentences were ordered to run concurrently from the date of sentencing.
Sessions Court judge Izralizam Sanusi 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 a six-month community service with an aggregate 200 hours after completing her prison sentence.
He also dismissed Siti Bainun's application for a stay of execution pending an appeal to the High Court on grounds that Siti Bainun had not shown any exceptional circumstances that could warrant a stay.
