PETALING JAYA: The parents of murdered 6-year-old Zayn Rayyan Abdul Matiin, who face charges of child neglect causing or likely to cause physical harm, will submit a representation to the Attorney-General's Chambers (AGC).
Zaim Ikhwan Zahari and Ismanira Abdul Manaf's lawyer Fahmi Abd Moin, told Sessions Court Judge Dr Syahliza Warnoh that the defence will submit the representation soon after reviewing documents obtained from the prosecution.
"The court has set Dec 6 for case management to decide on the representation," said Judge Syahliza during the case mention today.
Deputy public prosecutor (DPP) Datin Kalmizah Salleh, who appeared for the prosecution, did not object to the application.
Kalmizah told the court that the prosecution had submitted three documents; a forensic report on the closed-circuit television (CCTV) footage, a report from a telecommunications company, and a forensic report on the mobile phone.
"As for the lawyer's application to amend the victim's name on the charge sheet, which the lawyer made orally in the previous proceedings, the prosecution objects to it and requests the victim's name on the charge sheet to be maintained. The prosecution also requests for the trial dates to be set. We intend to call 15 witnesses," said DPP Kalmizah.
Judge Syahliza subsequently scheduled the trial dates from Jan 20 to 24, Feb 3 to 7, and Feb 17 to 21, 2025, and allowed the victim's name as stated in the original charge to be maintained.
Earlier, Fahmi had argued that amending the victim's name would not prejudice either party as it referred to the same individual and had been confirmed by the National Registration Department.
He said that the registration documents obtained confirmed that the child's name had been corrected from Zayn Rayyan Abdul Matiin to Zayn Rayyan bin Zaim Ikhwan.
"I understand that this application was made orally and not formally, but if the court directs us (the defence) to make a formal application by affidavit, we will comply," he added.
After the proceedings, Fahmi told reporters that the representation was to withdraw or review the charges faced by both his clients.
Regarding the court's decision to maintain the name on the charge sheet, Fahmi said the defence would file a motion on the matter after discussing it with the couple.
"However, we respect the court's decision and we will consider our next steps. The prosecution also objected to the application without stating any solid reasons," he said.
On June 13, Zaim Ikhwan and Ismanira, both 29, pleaded not guilty at the Sessions Court here to one charge of neglecting a six-year-old autistic child in a manner likely to cause physical harm to him in December 2023 around the PJU Damansara Damai area, between noon on Dec 5 and 9.55pm on Dec 6.
The charges were brought under Section 31(1)(a) of the Child Act 2001, punishable under Section 31(1) of the same Act, read together with Section 34 of the Penal Code, which carries a maximum fine of RM50,000 or imprisonment not exceeding 20 years, or both, upon conviction.
On Dec 6, 2023, Zayn Rayyan's body was found in a small stream near his home in Apartment Idaman, Damansara Damai, after being reported missing the day before.
The child is believed to have been murdered, as a post-mortem examination revealed injuries to his neck and body, indicating defensive wounds. – BERNAMA