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High Court views seriously Siti Bainun's baseless accusations against presiding judge

KUALA LUMPUR: The High Court found Rumah Bonda founder Siti Bainun Ahd Razali had hurled baseless accusations against the Sessions Court judge who had presided over her trial for the abuse and neglect of her Down's Syndrome adopted daughter, Bella, three years ago.

In her full grounds of judgment uploaded on the judiciary's website, judge Datuk Noorin Badaruddin said she viewed seriously Siti Bainun's action who had directed the accusations against judge Izralizam Sanusi in written submissions.

"The prosecution had attracted the court's attention on the submissions of the defence, which said the Sessions Court judge had exaggerated facts, hid evidence by summarising notes of proceedings, and was biased by picking and choosing evidence submitted by witnesses.

"(This is) while the appellant (Siti Bainun) had never applied to compare notes of proceedings. This court views the baseless accusation seriously and there is no proof against the judge.

"After studying notes of evidence and proceedings at the Sessions Court, this court finds the judge had made his findings and discoveries based on facts and direct and supported evidences.

"There are no circumstances and grounds shown by the appellant that warrants the accusations against the Sessions Court judge, who made his decision according to laws under Section 31(1)(a) of the Child Act," she said in the judgment dated Sept 6.

She said there were no facts or circumstances that could show the prosecution had ulterior motives to hide evidence to thwart the defence.

Noorin said Izralizam did not err in his findings and she found that based on all the evidences submitted, the "irresistible inference" was directed at the appellant.

"The appellant was the person who had caused physical and emotional injuries on the victim," she said.

She said there was overwhelming evidence that the injuries suffered by Bella was not a result of only one incident and medical evidence was jointly assessed with those provided by prosecution witnesses.

She agreed with Izralizam's findings that the appellant's defence had failed to raise reasonable doubt on the prosecution's case and he had made his assessment in detail on the appellant's defence.

"This court is satisfied that the sentences meted out on this appellant are not manifestly inadequate, excessive, illegal or otherwise not a proper sentence.

"The Sessions Court judge had assessed and applied the right sentencing principles in sentencing the appellant.

"The sentences are adequate and within the scope of punishment provided by the law," she said.

On May 2, Noorin upheld Izralizam's decision last year to sentence Siti Bainun, 32, to 12 years jail after finding her guilty of abusing and neglecting Bella.

Noorin had said there was no reason for her to disturb the findings of Izralizam's conviction and sentence meted out on Siti Bainun and that the prosecution had proven a prima facie case.

She said medical witnesses had proven that the 18 injuries and scars on Bella's body, who is now clinically aged 17, were all suspected non-accidental injuries and not self inflicted.

Izralizam 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.

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