KUALA LUMPUR: The High Court today denied Rumah Bonda founder Siti Bainun Ahd Razali's application for a stay of execution of her 12-year jail term.
Siti Bainun, 31, was found guilty on May 3 of neglecting and abusing her adopted daughter, Bella, who has Down's syndrome.
Sessions Court judge Izralizam Sanusi, who found her guilty, sentenced her to 10 years of jail for neglect and 12 years for abuse. She was ordered to serve her sentence concurrently from May 3.
Izralizam, also on May 3, rejected Siti Bainun's application for a stay of execution against her jail sentence.
Today, High Court judge Datuk Ahmad Bache denied Siti Bainun's application, filed through her lawyer, Ahmad Faiz Munawar, after finding that the seven reasons behind her application do not warrant a special circumstance to allow the application.
He began reading out his judgment by noting that this was the second time the applicant (Siti Bainun) has filed for a stay of execution against her jail term.
He said Siti Bainun's health issues — gastroesophageal reflux disease and asthma — which was submitted as one of the seven reasons, were an afterthought seeing that she did not submit any reply to an affidavit by a medical officer at the Kajang Prison clinic, where in the affidavit, the doctor said Siti Bainun's health was stable and she did not have any health implication that would harm her.
He said in the doctor's affidavit, the medical officer said she had attended to Siti Bainun and informed her that the prison could arrange for her to be referred to Kajang Hospital's specialist clinic, to which Siti Bainun said she was not interested.
"A few other factors where the accused said she is a woman, the sole person caring after her old and sick mother, and also that she is active in charity activities also do not warrant special circumstances.
"If the application is allowed, she will continue to be active in charity events involving kids, which creates a possibility for her to commit the same offence again because she has the propensity to commit the offence.
"I have also gone the extra length in reading notes from the lower court proceedings and found that her actions, unto the victim, are immensely horrible. I agreed with the lower court's decision where the judge found that Siti Bainun's action toward the victim has caused the latter physical and emotional damage.
"Therefore, the application is denied," he said.
Siti Bainun was represented by lawyer Ahmad Faiz Munawar, while Zilfinaz Abbas, Zaheeda Zakaria, Nor Azizah Mohamad and Shakira Aliana Alias prosecuted.
Siti Bainun, clad in black outfit, was seen calmly listening to the decision while standing in the dock. However, her family, who was seated in the court gallery, was seen holding back tears listening to the judge.
Soon after the court proceeding adjourned, loud voices were heard outside the courtroom, where Zurianty Sudin, one of the case prosecution witnesses, was seen verbally harassing one of the defence witnesses, Nor Marliana Ramli, to tears.
Siti Bainun, 31, was sentenced on May 3 to 22 years in jail after Izralizam found her guilty of abusing and neglecting one of her adopted daughters, a teenager named Bella with Down's syndrome.