PUTRAJAYA: Rumah Bonda founder Siti Bainun Ahd Razali withdrew her appeal on the stay of execution of her 12-year jail term for abuse and neglect of her teenage Down Syndrome adopted daughter, Bella.
The Court of Appeal three-men bench led by Justice Datuk Ahmad Zaidi Ibrahim, who sat with Justices Mohamed Zaini Mazlan and Datuk Azmi Ariffin, made the unanimous decision to dismiss the application during the hearing today.
This came after Siti Bainun's counsel, Fatin Syaza Irdina Muhamad Eddin Syazri informed the court that she received instructions from her client to withdraw the notice of appeal.
"This is as we have received instruction from the High Court to file an application on the stay of execution there," she said.
The counsel was referring to the High Court of judge Datuk Noorin Badaruddin, who had dismissed Siti Bainun's appeal against her conviction of abuse and neglect of Bella three years ago.
Fatin Syaza also agreed with Justice Ahmad Zaidi that the application was now academic.
He ruled that the application could be refiled at the High Court.
Deputy public prosecutor Datin Asmah Musa did not object.
On May 23 last year, High Court judge Datuk Ahmad Bache denied Siti Bainun's application for a stay of execution of the jail term.
He said he found that the seven reasons behind her application did not warrant a special circumstance to allow the application.
On May 2, judge Noorin upheld the Sessions Court decision that convicted Siti Bainun, 32, to 12 years' jail last year.
She said she found no reason to disturb the findings of the Sessions Court judge's conviction and sentence meted out on Siti Bainun.
On May 3 last year, Sessions Court judge Izralizam Sanusi sentenced Siti Bainun to 12 years jail after finding her guilty of abusing and neglecting Bella.
Judge Izralizam sentenced Siti Bainun to 10 as well 12 years of jail for neglecting and abusing Bella.
He ordered Siti Bainun to begin serving the sentences concurrently.
He also sentenced Siti Bainun to sign a good behaviour bond for five years, with one surety and RM5,000 collateral 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.
Judge Izralizam rejected Siti Bainun's application for a stay of execution of the sentences, which was submitted right after the sentences were delivered.
He ruled that there were no special circumstances that would permit grant to the application.