Tough day: Zayn Rayyan’s parents Zaim and Ismanira leaving PJ Court Complex after being charged. — FAIHAN GHANI/The Star
PETALING JAYA: The parents of autistic child Zayn Rayyan Abdul Matiin, who was found dead near a stream last year, have been charged in the Sessions Court with child negligence after almost two weeks in remand.
Zaim Ikhwan Zahari and Ismanira Abdul Manaf, both 29, claimed trial after the charge was read out before judge Dr Syahliza Warnoh.
The couple, who were Zayn Rayyan’s caretakers, were jointly accused of neglecting him in a manner likely to cause him physical injury.
ALSO READ: Infographic: The twists and turns of the Zayn Rayyan case
The offence was allegedly committed around Jalan PJU, Damansara Damai, near here, between noon on Dec 5 and 9.55pm on Dec 6 last year.
If charged under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, they face a maximum fine of RM50,000 or imprisonment of up to 20 years, or both, if convicted.
The interpreter asked them if they were well before reading out the charge, to which Zaim responded that he was ill and Ismanira responded that she had vomited.
ALSO READ: Cops exhaust all legal means and assets in murder probe
Deputy public prosecutor Ku Hayati Ku Haron offered each accused person a bail of RM15,000 in one surety, along with additional requirements such as the impoundment of their passports and a monthly report to the nearest police station.
Zaim’s lawyer Fahmi Abd Moin said bail was only to secure attendance and should not be punitive.
“If the accused persons are not able to pay bail, this does not align with the principle of innocent until proven guilty.
“We ask for a RM5,000 bail. We have no issues with the additional conditions,” he said.
ALSO READ: Relentless posts force defence team to request for gag order
Fahmi also said the couple’s lives had changed 180 degrees after the incident that robbed them of their son.
“They searched and searched, and on Dec 6, Zayn was found dead,” the lawyer said, adding that this caused distress to the family.
Ismanira’s lawyer Mahmud Jumaat echoed Fahmi’s plea, citing her severe depression and unemployment.
“At the same time, she is trying to get treatment for her other son, who has speech delay and severe autism,” Mahmud said.
In her reply, Ku Hayati stressed the gravity of the charge and its heavy punishment, considering the neglect that resulted in Zayn Rayyan’s death.
Judge Syahliza set bail at RM10,000 in one surety each with additional conditions, including reporting to the nearest police station and not harassing prosecution witnesses.
No passport conditions were imposed, as the court was informed that the travel documents had expired.
The case is fixed for mention on July 26.
Zaim and Ismanira made bail and were released around noon yesterday.
They were arrested on May 31 to assist in a murder investigation following Zayn Rayyan’s post-mortem, which revealed injuries to his neck and body, leading to the conclusion that he had been killed.
