The parents of Zayn Rayyan Abdul Matin, whose body was found in a stream near his house, today failed in their bid to quash the charge of neglecting their autistic son in a manner likely to cause physical harm.
High Court judge Roszianayati Ahmad today dismissed the application filed in January this year by the couple, Zaim Ikhwan Zahari, 30, and his wife, Ismanira Abdul Manaf, 30.
As such, their trial for the offence will proceed at the Petaling Jaya Sessions Court as scheduled on March 11.
“The court has examined the notice of motion and affidavits filed by parties involved, and the court decides to dismiss the application (to quash the charges).
“I have examined the charge made against the applicants and found that there are no defects in it.
“The court finds the charges have provided sufficient notice to the applicants who are alleged to have neglected the child in a manner likely to cause physical harm,” she said.
As such, Roszianayati said, the prosecution bears the burden of proving how the neglect was carried out, specifically through the evidence presented, while the prosecution must establish that the neglect was likely to cause harm to the child.
The prosecution was conducted by deputy public prosecutor Ahmad Zuhaini Muhamad Amin, while lawyers Lavanesh Haresh and Marcus Lee represented the couple.
On Feb 3, the Petaling Jaya Sessions Court dismissed the defence’s preliminary objection, which contended that the charge against Zayn’s parents of neglecting their six-year-old autistic son in a manner likely to cause physical harm was defective.
On June 13 last year, Zaim and Ismanira pleaded not guilty in the Sessions Court to the charge.
The offence allegedly occurred along PJU Damansara Damai between noon on Dec 5 and 9.55pm on Dec 6, 2023.
They were charged under Section 31(1)(a) of the Child Act 2001, which is punishable by a maximum fine of RM50,000, imprisonment of up to 20 years, or both.
Zayn was reported missing on Dec 5, 2023, and his body was discovered in a stream near his home at Apartment Idaman, Damansara Damai, the following day.
He was believed to have been murdered, and an autopsy revealed injuries to his neck and body, consistent with self-defence.