KUALA LUMPUR: Siti Bainun Ahd Razali has been ordered to enter her defense against two charges of neglecting and abusing 13-year-old Downs' Syndrome girl Bella between February and June last year.
Sessions Court judge Izralizam Sanusi decided so today, after finding that the prosecution had successfully adduced credible evidence proving each essential ingredient of the offences against her.
Izralizam said that his judgement was based on the testimonies of 22 prosecution witnesses that had testified throughout the trial.
In reading out his grounds of judgement, Izralizam ruled that a group of Kuala Lumpur Hospital medical specialists' and doctors' testimonies on Bella's physical injuries proved the element of the offence.
"The scars all over Bella's body, including burn scars on both her arms, indicated that it was a second-degree burn, and the injuries were not non-accidental or self-inflicted injuries.
"Her caretaker at Taman Sinar Harapan Welfare Home in Seremban also testified that Bella is traumatised after she lived with the accused. Bella was seen as afraid of people when she returned to stay at the welfare home, and she screamed in her sleep.
"Siti Bainun is careless in caring for Bella who was placed under her custody by court orders obtained in September last year.
"Had Siti Bainun not neglected Bella, the physical and emotional abuse upon her wouldn't have taken place," he said, reading out his ground of judgement for about 22 minutes, to a full court gallery that began sobbing as he reached towards the end of his judgement.
The room was filled with activists and individuals who founded the #Justice4Bella movement, including Siti Bainun's close friend who also testified against her in the trial.
Izralizam then said a prima facie case had therefore been made out against the 30-year-old Rumah Bonda founder and ordered her to enter her defence.
He then gave Siti Bainun three options - give sworn evidence from the witness box, give an unsworn statement from the dock where she cannot be cross-examined or choose to remain silent, in which case the court must proceed to convict her.
Siti Bainun, through lawyer Mohammad Farhan Maaruf, said that she will be giving sworn statement evidence from the witness box and that the defence has prepared five witnesses, including Siti Bainun, to testify.
The judge then fixed December 5 to 9 for trial dates.
Siti Bainun, clad in dark-coloured outfits and pink tudung, stood firm in the dock and was seen nodding every once in a while throughout today's proceeding.
However, Isralizam's judgement reduced her to tears, and she stayed for some time in the court gallery, accompanied by her family, to collect herself before going home after today's proceeding adjourned.
Deputy Public Prosecutor Nor Azizah Mohamad, Zilfinaz Abbas, Zahida Zakaria, Fazeedah Faik and Shakira Aliana Alias prosecuted while lawyers Nur'Aminahtul Mardiah Md Nor, Mohammad Farhan Maaruf, Nurul Hafidzah Hassan, Asiah Abd Jalil and Nur Ellena Mohamed Razif represented Siti Bainun.
Also present today were Datuk Khairul Anwar Rahmat, Datuk Ikbal Salam, and Mohd Radzi Yatiman who were appointed by Tunku Mahkota of Johor Tunku Ismail Sultan Ibrahim to hold a watching brief on his behalf.
The lawyers, in a statement, said that today's decision is a manifestation of the struggle faced by the community in seeking justice for Bella.
Siti Bainun is ordered to enter her defence against two counts of neglecting and abusing a victim, referred to as Bella, to the point that she suffered physical and emotional injuries.
The offences were allegedly committed at a condominium in Wangsa Maju here, between February and June 2021.
The offences under Section 31(1)(a) of the Child Act 2001 and carries a jail sentence of up to 20 years or a fine of RM50,000 or both if found guilty.