PETALING JAYA: The repeated mitigation by a lawyer that Ismanira Abdul Manaf has been suffering from severe depression after the death of her son, Zayn Rayyan Abdul Matiin, had led to a Sessions Court judge to question her plea.
This was after deputy public prosecutor Ku Hayati Ku Haron heard the submission of lawyer Mahmud Jumaat, who had in his mitigation, stressed that his client was down with the disorder.
"I want to know whether the accused is fit to have her plea taken based on her lawyer's submission that she suffers from severe depression.
"Is that what the lawyer wants to raise?
"This is because we fear that the depression may have influenced her plea," she said.
To this, judge Dr Syahliza Warnoh called out Ismanira's name in full.
Judge: The charge that was read out to you just now. Do you understand it?
Ismanira: Yes
Judge: Do you understand the punishment?
Ismanira: Understand, Your Honour.
Judge: You pleaded not guilty. Can you confirm?
Ismanira: Yes, I plead not guilty.
In the same proceedings, the court also heard that the lives of Ismanira and her husband, Zaim Ikhwan Zahari, took a 180-degree turn after the boy's death in December last year.
Lawyer Fahmi Abd Moin said Dec 5 was a sad day for the couple, both aged 29, as Zayn Rayyan had gone missing.
"They tried to find him, assisted by the public and authorities.
"Finally, on Dec 6, Zayn Rayyan was found dead. The incident saw their lives taking a 180-degree turn.
"The police launched a probe to find the perpetrator or murderer of Zayn Rayyan.
"For six months the probe was conducted and during this period, Zaim did not work as he focused on helping the police to find the culprit," he said, adding that the couple had fallen into severe depression.
Meanwhile, the judge also issued a gag order barring those involved in Zayn Rayyan's case from making comments.
She ruled so after Fahmi applied for the order to be imposed on the public as comments or posting on the case can be tantamount to subjudice.
"We believe before they were charged, there were many rapid fire comments on social media on them and their family and they are affected by them," he said.
Ku Hayati, however, said the gag order was too general as it would limit the freedom of speech enjoyed by everyone.
"When there is a breach, what is the remedy? The order is too general. Usually, a gag order is for a specific target group," she said.
Earlier, the couple claimed trial to a joint charge of neglecting Zayn Rayyan in a manner likely to cause him physical injury.
They committed the offence between noon on Dec 5 and 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 punishable under Section 31(1) of the same Act read with Section 34 of the Penal Code.
