Crime & Courts

"No such thing as thermos falling on Bella", witness tells court

KUALA LUMPUR: A police officer who investigated the alleged abuse by Rumah Bonda founder Siti Bainun Ahd Razali rubbished claims that a thermos containing hot water had fallen on the alleged victim, Bella.

Suhaili Mahad, 31, told deputy public prosecutor Zilfinaz Abbas during the main examination that instead, the story about a thermos falling on Bella which was described by four other children residing at Siti Bainun's house in Wangsa Maju seemed scripted.

She said the statements, which were taken on the same day simultaneously by separate investigating officers, were consistent. The children had claimed that another resident by the name of Balqis had chased Bella over some snacks and that Bella bumped into the thermos and it fell on her, thus injuring her whole body.

"That is the conclusion from my investigations, that their statement was scripted. Because the thermos was in good condition when I seized it from Siti Bainun's house in July last year.

"There are no dents or anything that indicates it had fallen. I believe there was no such incident as the thermos falling on Bella," she said.

However, this triggered a brief altercation between Zilfinaz and lawyer Farhan Maaruf who is representing the accused. The latter said the witness' statement given was purely her own opinion of what she thought had happened.

Farhan: This is the opinion of the witness, she can give a statement based on parts of what she perceived, not a conclusion

Zilfinaz: She investigated all witnesses and this is her findings as an investigating officer.

Farhan: We believe she does not have the expertise to say that the thermos is damaged in whatsoever way.

Zilfinaz: It doesn't need an expert to determine any damage on the thermos. We can see the thermos' condition, which was presented in court today. It is logical that if it fell, it will have dents.

Following this, Sessions Court judge Isralizam Sanusi recorded Farhan's protest before deciding to deny it.

The witness then told the court that Siti Bainun had violated one of the rules stated in her permanent custodial orders on Bella, which was to ensure there was no negligence of Bella under her custody.

She said the accused had failed to get Bella treated for her injuries, and that Siti Bainun had also failed to follow the custodial orders when she placed Bella in her condominium in Wangsa Maju instead of at her family's house in Ampang, as stated in the documents.

"I was then transferred to a new department after Siti Bainun was charged with negligence on Aug 20 last year. So, the case was passed to another investigating officer.

"However, one of the children that resided with Siti Bainun told the new investigating officer that they were indeed given a script of what to tell the police in the earlier part of the investigation.

She said based on her investigations, the story about hot water spilling on Bella was not true, because according to the doctor who treated Bella in Kuala Lumpur Hospital, the injuries were a mix of old and new injuries.

"Thus, the incident of a thermos falling on Bella did not happen," she said.

Siti Bainun is charged with two counts of neglecting and abusing Bella to the point that the victim suffered physical and emotional injuries.

The offences were allegedly committed at a condominium in Wangsa Maju here, between February and June 2021.

The offence under Section 31(1)(a) of the Child Act 2001, carries a jail sentence of up to 20 years or a fine of RM50,000 or both upon conviction.

The trial before Sessions Court judge Isralizam Sanusi continues.

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