PETALING JAYA: The counsels representing the mother of murdered autistic boy, Zayn Rayyan Abdul Matiin, 6, have objected to the police's application to record her guilty plea before a magistrate today.
Counsel Fahmi Abd Moin and Mahmud Jumaat made their objections against the police's application under Section 26(1) of the Evidence Act before Petaling Jaya magistrate Zhafran Rahim Hamzah during proceedings held in chambers.
Fahmi said an investigating officer had brought the mother to the magistrate's court with the purpose of extracting a guilty plea from the mother.
The boy's father was not produced in court.
"This proceedings, to us, is extraordinary and strange. It is illegal.
"The police should make the application under Section 115 of the Criminal Procedure Code but that provision has been abolished.
"Therefore Section 26(1) of the Evidence Act is not relevant to record any guilty plea before a magistrate.
"There is no specific grounds to make this application. We say it is prejudicial to the mother, and the father, who was not produced in court today.
"This application can also affect any defence later if they are charged," he said after the proceedings.
Mahmud stressed that the mother did not make any guilty plea during the proceedings but had taken the opportunity to give statements on the entire incident.
Both counsels said their objections as well as the mother's statements were recorded by the magistrate.
Fahmi, who was assisted by co-counsel Ilyani Khuszairy, confirmed that he would represent the boy's father while Mahmud will appear for the mother.
Fahmi said after recording his objections, the mother had requested for only Mahmud to stay on during the proceedings.
Fahmi said the couple's 13-day remand order to facilitate murder investigations would expire tomorrow.
"Tomorrow is the day of decision. I believe the investigation paper is with the Attorney-General's Chambers and we will know who will be released or who will be charged.
"There will no more extension to the remand order," he said.
Fahmi expressed regret that the police had not been cooperative as they were not informed of the proceedings early but had learnt about it from the media.
"We have contacted the police and requested that they inform us if there are any issues, if possible, but nothing came out of it.
"We have not been able to meet our clients and they were deprived of their rights to lawyers.
"However, we understand this is an investigation process and this case is sensitive and we leave it to the police to conduct their duties.
"But thanks to the media, at least our clients have representation today," he added.
The boy's parents have been under remand for since June 1 following their arrests the day before at their family home in Puncak Alam.
The magistrate's court had granted the initial seven-day remand order on June 1 and its further six-day extension to enable investigations.
Selangor police chief Datuk Hussein Omar Khan had said inconsistencies in the couple's statements had lead to the extension.