KUALA LUMPUR: Rumah Bonda founder Siti Bainun Ahd Razali has been given 22 days of sick leave due to health issues, ending on Dec 19, the Sessions Court heard today.
Siti Bainun's lawyer, Nur A'minahtul Mardiah Md Nor, said the accused has a bacterial infection which requires her to consume antibiotics for 15 days, before undergoing surgery for gallstones.
She said the infection was diagnosed yesterday after the accused underwent a blood test and an endoscopic examination.
"Siti Bainun was allowed to leave the hospital at 9pm yesterday and she was exempted from attending today's proceeding. The latest health report and MC will be presented to the court.
"The full health report will be given after 14 days because the hospital will need some time (to prepare it).
"Siti Bainun will need to return to the hospital on Dec 15 for follow-up treatment and will know if she can continue with the gallstone surgery on Dec 20," she said.
Nur A'minahtul raised the issue of applications submitted to the court to obtain recordings of testimonies given by witnesses that were offered by the prosecution to the defence team, in line with Section 112 of the Criminal Procedure Code.
She also raised issues of applications made in accordance with Section 173 of the same code and the Evidence Act 1950.
Deputy public prosecutor Zilfinaz Abbas pressed for certainty on Siti Bainun's health condition.
"We are not doctors who can understand the pictures and the many scientific terms in the health report. Therefore, we request for the doctor to be called (to court) to testify on the health report.
"On the applications (submitted by the defence), the prosecution has already filed an objection in accordance with Section 112 of the Criminal Procedure Code. It was filed yesterday.
"But we only knew about the applications made under Section 173 of the same code today," she said.
Following this, Sessions Court judge Izralizam Sanusi asked both parties to file written submissions for the application made under Section 173 of the Criminal Procedure Code before 4.30pm tomorrow.
He fixed Dec 9 (Friday) to decide on the matter and fix new trial dates for the case.
"I allowed this adjournment because the accused is unwell and she was given MC. It is unnecessary to call the doctor to testify.
"I will deliver my findings on the application this Friday. The court also has the power and discretion to set the dates for the trial at the defence stage, based on both parties' available dates, which will also be decided on Friday," he said.
On Nov 24, Siti Bainun was ordered to enter her defence against two charges of neglecting and abusing Bella, who has Down's Syndrome, at a condominium in Wangsa Maju between February and June last year.
The charges were framed under Section 31(1)(a) of the Children Act 2001, which carries a maximum sentence of 20 years' imprisonment or a fine of RM50,000 or both upon conviction.
The court had set the trial date from yesterday to Friday for Siti Bainun to defend herself, with five witnesses, including the accused, set to be called to testify.
The prosecution, on Oct 28, closed its case after calling 22 witnesses at the trial that began on March 30.