PUTRAJAYA: The Court of Appeal here has granted leave for Rumah Bonda to challenge the sealing action by the Wilayah Persekutuan Welfare Department (JKM) on its premises two years ago.
A three-judge panel of the appellate court, chaired by Justice Kamaludin Md Said, allowed the appeal by Rumah Bonda in a unanimous decision here on Tuesday (July 25).
"There is merit in this appeal and we agree that there are issues that should be ventilated in a substantive hearing.
"The leave to initiate a judicial review at the High Court is allowed," Justice Kamaludin said in the brief decision.
The court did not make any order as to costs.
The court then fixed case management for the judicial review at the High Court on Aug 8.
Other judges on the panel were Justices Mohd Nazlan Mohd Ghazali and Collin Lawrence Sequerah.
Rumah Bonda was represented by lawyer Asiah Abd Jalil while the respondents, Wilayah Persekutuan JKM director and the Women, Family and Community Development Ministry, were represented by Senior Federal Counsel Nur Idayu Amir.
On Nov 15, 2021, the Kuala Lumpur High Court dismissed Rumah Bonda's application for leave to initiate judicial review after the court allowed a preliminary objection by the Attorney General's Chambers.
On Aug 13, 2021, Rumah Bonda, through its chairman Siti Bainun Ahd Razali filed the application and named JKM director and the Women, Family and Community Development Minister as respondents.
Siti Bainun contended that the seal notice that was issued by JKM on July 9 and the implementation of the action on July 12 was influenced by public pressure, after news on the alleged abuse of the 13-year-old went viral on July 5, 2021.
Siti Bainun claimed that both respondents acted hastily due to pressures from the public urging JKM and the government to take firm action in the case even though the teenager was not a resident of Rumah Bonda.
Siti Bainun also sought a declaration that at all material times, Rumah Bonda was in the process of registering with JKM, hence it is not an illegal shelter or care centre.
Siti Bainun is currently serving her 12-year jail sentence after she was found guilty of two counts of abuse and neglect involving Down Syndrome teenager known as Bella at a condominium unit in Wangsa Maju between February and June 2021.
She is appealing the conviction and sentence and the appeal hearing has been fixed for Oct 12.
