The mother of Zayn Rayyan, a 6-year-old boy who was found dead near a river in December 2023 has been found guilty of neglect resulting in physical harm.
Upon hearing the verdict, Ismanira Abdul Manaf burst into tears while her husband Zaim Ikhwan Zahari, who was seated in the public gallery, covered his face with his hands.
Jailed for 5 years
This comes after Sessions Court judge Dr Syahliza Warnoh said the prosecution was successful in proving its case beyond reasonable doubt against Ismanira.
Ismanira was charged under Section 31(1)(a) of the Child Act 2001, which carries a RM50,000 fine, imprisonment for up to 20 years, or both.
Ismanira was sentenced to five years in jail, which is to begin today. She was also placed on a two-year good behaviour bond with RM3,000 bail, with one surety.
She was also ordered to perform 120 hours of community service within six months after she is released from prison.
Judge rejects application for stay of execution
Syahliza also denied an application for a stay of execution pending an appeal by Ismanira’s defence lawyer, Haresh Mahadevan, which will be filed at the High Court.
There were no reasons that convinced me to grant a stay. The reasons for the care of another autistic son are a personal matter that can be handled by her family. She is to be jailed immediately.”
Earlier, Haresh made the stay application once the sentence was handed down, stating that Ismanira isn’t a flight risk as she has no passport.
“We submit there are special circumstances where the court can use its discretion to stay pending an appeal. If the court is minded to allow a stay, the court can impose an increased bail and terms for the accused to comply with.
“There is clearly no prejudice to the prosecution if bail is granted, pending an appeal. In the event the appeal is allowed, she would have spent time incarcerated, and that will not bode well,” he told the court.
Haresh also asked the court to consider the fact that the real perpetrator has not been found and that Ismanira has another autistic child, who is currently being cared for by a family in Rembau, Negri Sembilan, after he was taken away by the Welfare Department.
“Without his mother, the boy will be lost, traumatised, and stressed. Moreover, he has already lost his brother, Zayn Rayyan, and now he will not have his mother visiting him, as she was previously granted by the Shah Alam magistrate’s court.
“That will cause severe trauma to the boy, who looks forward to spending 48 hours with her weekly,” he argued.
However, Deputy public prosecutor Nur Sabrina Zubairi disagreed, saying there were no special or exceptional circumstances present to allow a stay in execution.
Read about the case here:
