COURT DENIES ISMANIRA'S PLEA TO STAY PRISON TERM, SPARKING HUSBAND'S OUTBURST

PETALING JAYA, Oct 31 (Bernama) -- The atmosphere in the public gallery in the Zayn Rayyan Abdul Matin neglect case today grew tense after Judge Dr. Syahliza Warnoh dismissed his mother’s application to stay the execution of the five-year prison sentence imposed upon her.

Ismanira Abdul Manaf’s husband, Zaim Ikhwan Zahari, was seen becoming emotionally overwhelmed as he stood and uttered a curse (semoga Allah laknat), requiring several family members and his parents to restrain and calm him.

He was subsequently escorted from the court chamber, while his wife remained in the dock, visibly emotional upon the court's ruling. She was seen pleading for her husband to remain calm.

Earlier, the Sessions Court here had dismissed the defence's application to stay the five-year prison sentence against Ismanira, 30, after she was convicted of neglecting the six-year-old autistic boy, thereby causing him physical injury two years ago.

The judge said there were no exceptional circumstances to warrant the court granting a stay. 

"Having considered the submissions from both parties, the court is of the view that the reasons put forward by the defence do not amount to special or exceptional circumstances.

"The conviction of the accused has been confirmed by this court, and I am not persuaded that there is a compelling reason to suspend the prison sentence that has been imposed.

"The reasons submitted, particularly concerning the care of her second child, pertain to the accused's personal affairs, which can still be managed by her and her family members... Therefore, the accused's application is dismissed, and the court orders the accused to commence her prison sentence immediately," the judge said. 

Judge Syahliza had earlier sentenced Ismanira to five years' imprisonment after finding her guilty of neglecting the six-year-old autistic boy, thereby causing him physical injury.

Prior to this, Ismanira’s counsel, Haresh Mahadevan, had contended that the prosecution would not be prejudiced if a stay of execution were to be granted by the court.

"The court is at liberty to set a higher bail amount with additional conditions if a stay is granted to my client. Should her appeal in the High Court be allowed after she has already served her sentence, it would be unjust to the accused," the counsel argued.

However, deputy public prosecutor Nur Sabrina Zubairi objected to the counsel's application, submitting that there were no special or exceptional circumstances to justify a stay.

"An appeal cannot be an automatic ground for a stay of execution. The court must consider that the appeal will be filed only after a conviction has been secured.

"Where an individual is convicted after a full trial, a different consideration must apply. Her rights will not be prejudiced in any way by the refusal of a stay, as the appeal in the High Court has yet to be heard or decided," she asserted.

On July 21, Judge Syahliza had ordered Ismanira to enter her defence after ruling that the prosecution had successfully established a prima facie case against her. Her husband, Zaim Ikhwan, 30, was acquitted and discharged of the same charge the same day.

The couple had been charged with neglecting Zayn Rayyan in a manner likely to cause him physical injury in the vicinity of Block R, Idaman Apartments, Damansara Damai, and the nearby stream, between noon on Dec 5, 2023, and 9.55 pm the following day. 

They were charged under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, which carries a maximum penalty of 20 years' imprisonment, a fine of RM50,000, or both, upon conviction.

Zayn Rayyan, 6, was reported missing on Dec 5, 2023, and his body was discovered the following day in a stream near his home.

-- BERNAMA