KUALA LUMPUR: Sessions Court judge Izralizam Sanusi has sentenced Rumah Bonda founder Siti Bainun Ahd Razali to 22 years of jail after finding her guilty of abusing and neglecting her Down Syndrome adopted daughter two years ago.
This was meted out to the accused after he heard both prosecution and defence counsels' mitigation submissions on the sentencing earlier.
Izralizam sentenced Siti Bainun to 10 years of jail time for neglecting Bella, and 12 years of jail for abusing the Down Syndrome victim. He also ordered for Siti Bainun to begin serving the sentences concurrently from today.
Izralizam said the suffering borne by Bella is not only within herself but also apparent on her physical, and therefore the doer of these scars should be punished accordingly.
"Bella was not only neglected by the accused to a point of serious injuries but it was also proven that Siti Bainun was involved in abusing her.
"The acts committed by the accused can be considered cruel that require heavy sentences, that would also serve as a lesson and a warning to the public to never attempt such acts at all.
"The accused is an activist who is active in charity events and activities, so therefore she should be well versed in understanding the responsibility of caring after the victim as best as she could, instead of violating that responsibility".
He also sentenced Siti Bainun to sign a good behaviour bond for five years, with one surety and RM5,000 collateral. The sentence was meted out under Section 31(2)(a) of the Child Act 2001.
Siti Bainun was also ordered to serve 200 aggregate hours of community service within six months after her jail term ends.
Izralizam also rejected Siti Bainun's application for a stay of execution of the sentences, which was submitted right after Izralizam delivered his sentences.
Izralizam ruled that there were no special circumstances that would permit grant to the application, and that the court found that justice had been served as best as it could through the execution of law.
"Therefore, the application of a stay of execution is denied. The court hereby ordered Siti Bainun to serve her sentences immediately," Izralizam said.
Earlier, Siti Bainun's defence lawyer, Mohammad Farhan Maaruf, pleaded for the court to consider sentencing his client with a minimal prison term and fine, as he said Siti Bainun had learned her lessons from the case.
The defence lawyer also touched on Siti Bainun's plump physical and health conditions, when he submitted that the current prison facility could not cater to "people like her", if the court decided to sentence her to imprisonment.
Mohammad Farhan also submitted earlier that imprisonment would not punish Siti Bainun, but her mother since she was under her direct care.
"Furthermore, Siti Bainun is a law-abiding citizen, where she has shown that throughout the case being tried, she could change if she is given the chance to do so and we believe a long term of imprisonment sentence would only prejudice people who are under her care, especially her mother.
"We have to also consider her social standing which is the accused's active social involvement in charity activities and events.
"We believed that the court's verdict showed that justice had been served. And that the imprisonment term, can be replaced with a sum of fine, as accorded under the law for both charges for the case".
However, deputy public prosecutor Zahida Zakaria rebutted Mohammah Farhan's submission, by saying that Siti Bainun's offence, which was framed under Section 31(1) of the Child Act 2001, was a serious one.
"Children are vulnerable and defenceless and there are laws to protect their interest which cannot be trampled upon or ignored, at the expense of a mistake or misjudgement by some adult.
"The full weight should come down on those who deliberately cause harm to the child. The sentence, therefore, must reflect the seriousness and gravity of the offence.
"The accused has a court order to provide care to Bella. However, the accused has misused the responsibility given by neglecting and abusing the victim.
"The accused, who is seen as a person who is respected by society and with active involvement in charity, has abused and neglected Bella, who actually really hopes to be loved by Siti Bainun".