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THE Shah Alam High Court her set Feb 25 to hear submissions on a motion filed by the parents of Zayn Rayyan Abdul Matiin seeking to quash the charge of neglecting their autistic son in a manner likely to cause physical harm.
According to reports in Bernama, High Court Judge Roszianayati Ahmad ruled on the application by Zaim Ikhwan Zahari and Ismanira Abdul Manaf, who are currently on trial at the Petaling Jaya Sessions Court.
The prosecution had submitted an affidavit in reply earlier this morning and was prepared to present its arguments on the scheduled date.
Earlier, the court dismissed the defence’s oral application to stay the trial pending the outcome of the motion.
The couple's lawyer, Lavanesh Haresh Mahadevan, contended that the stay was necessary to safeguard the integrity of the motion, given the pressures arising during the ongoing trial.
However, deputy public prosecutor Aqharie Durranie Aziz objected, saying that the defence had already filed a judicial review to stay the trial last Friday, but the application was dismissed.
Roszianayati subsequently rejected the oral application, ruling that the defence had already filed a separate application for a judicial review of the stay in another court.
Yesterday, the Petaling Jaya Sessions Court dismissed the defence's preliminary objection, which alleged that the charge against the couple was defective.
Zaim Ikhwan and his wife, Ismanira, both 30, pleaded not guilty in the sessions court on June 13 last year to neglecting six-year-old Zayn Rayyan in a manner likely to cause him physical harm.
The offence allegedly occurred at PJU Damansara Damai between noon on Dec 5 and 9.55pm on Dec 6, 2023.
The charge was framed under Section 31(1)(a) of the Child Act 2001 and is punishable under the same section, read together with Section 34 of the Penal Code. If convicted, they face a fine of up to RM50,000, imprisonment of up to 20 years, or both. - February 4, 2025