Ismanira Abdul Manaf, the mother of the late six-year-old autistic boy, Zayn Rayyan Abdul Matin, who was convicted last week of neglecting him, has applied to stay her sentence pending an appeal.
Her lawyer, Haresh Mahadevan, said the application was filed at the Shah Alam High Court on Wednesday, together with a certificate of urgency.
“We have cited special circumstances for the High Court to allow the application pending the disposal of her appeal against the sessions court ruling,” he told FMT.
On Monday, Ismanira filed a notice of appeal to challenge both her conviction and the five-year jail term imposed on her.
In her Oct 31 ruling, trial judge Syahliza Warnoh rejected Ismanira’s earlier bid for a stay of execution, finding that there were no special circumstances to justify it.
Ismanira, who is serving her sentence in Kajang prison, was also ordered to sign a two-year good behaviour bond with one surety and a security deposit of RM3,000.
In addition, she must complete 120 hours of community service within six months of her release.
Syahliza said the act of allowing the boy to walk behind her without sufficient supervision had led to his disappearance and eventual death.
The charge of child neglect under Section 31(1)(a) of the Child Act 2001 carries a penalty of up to 20 years’ imprisonment, a maximum fine of RM50,000, or both upon conviction.
Ismanira and her husband, Zaim Ikhwan Zahari, 30, were charged last year with neglecting their son in a manner likely to cause him physical harm.
Zaim was acquitted in July after the prosecution failed to establish a prima facie case against him.
Zayn was reported missing in Damansara Damai on Dec 5, 2023, and was found dead the next day.
The post-mortem revealed multiple injuries, including defensive wounds. The cause of death was believed to be strangulation.
