PETALING JAYA: The parents of murdered autistic boy Zayn Rayyan Abdul Matiin were jointly charged at the Sessions Court today with neglect of the 6-year-old son which may have caused him physical injury last year.
The couple, Zaim Ikhwan Zahari and Ismanira Abdul Manaf, both 29, pleaded not guilty before judge Dr Syahliza Warnoh.
Zaim, clad in a black T-shirt, and Ismanira, who wore a red blouse, were brought into the court in handcuffs at 10.10am under heavy police escort.
More than 20 policemen were in the courtroom.
Before the charge was read out, the court interpreter asked the couple if they were well.
Zaim replied he was fine while Ismanira answered that she had vomited.
The charge read that they had, as persons having the care of Zayn Rayyan, had neglected him in a manner likely to cause him physical injury.
They committed the offence from 12pm on Dec 5 until about 9.55pm on Dec 6 around the area of Jalan PJU 10/1 in Damansara Damai.
The charge was under Section 31 (1)(a) of the Child Act 2001, and is punishable under Section 31(1) of the same Act read with Section 34 of the Penal Code.
If convicted, they face a maximum fine of RM50,000 or jail not more than 20 years or both.
The court, shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence to execute a bond with sureties to be of good behaviour for such period as the court thinks fit and to perform community service.
Deputy public prosecutor Ku Hayati Ku Haron proposed bail at RM15,000 with one surety for each accused.
She also asked that the couple present themselves to the nearest police station every month.
Zaim was represented by Fahmi Abd Moin, while Mahmud Jumaat appeared for Ismanira.
In mitigation, both counsels submitted that their clients were suffering from severe depression and their lives had changed after Dec 6, the day their eldest son was found dead.
Fahmi said the bail sum was to secure his client's presence in court and it should not be excessive.
"If it is too high and cannot be paid by the accused, it clashes with the principle where an accused is innocent until proven guilty by the court.
"If the court allows, I ask bail to be set at RM5,000," he said.
Fahmi added that there was no element of abscondment as Zaim had been under investigations for six months, in addition to 13 days held in remand, where he gave full cooperation to the police and was finally brought to court to face the charge.
"Before December last year, he was working at an electronics company with his father and earned RM1,800 monthly and lived at a low-cost apartment in Damansara Damai with Ismanira.
"He has severe depression and had worked as a delivery man. He has unstable income while Ismanira does not work.
"He is the sole breadwinner. They have lost their income and their parents had helped to raise their other son.
"If the bail cannot be paid, they will continue to be in jail. I ask for the most minimum bail sum possible. They will come to court when their case is called without fail," he said.
Mahmud said his client, Ismanira, fell into severe depression that stopped her from working while Zaim was getting treated for his mental issues.
He said Ismanira was also getting treatment for her other son, who is autistic and has severe speech delay.
"Their financial situation is dire. What more, the cost of treatment is a burden for the family.
"There is no element of flight risk as they live nearby in Puncak Alam and they had both given their cooperation from the start of investigations.
"Their family members, who will be their bailors, are ready to pay the bail sum.
