SHAH ALAM: Ismanira Abdul Manaf, who was convicted and sentenced to five years in jail for neglect of her deceased six-year-old autistic son, Zayn Rayyan Abdul Matin two years ago, has filed a notice of appeal at the Shah Alam High Court.
Ismanira, 30, filed the notice at the Shah Alam High Court through Messrs Haresh Mahadevan & Co today.
According to the notice, Ismanira is appealing against the entire decision of Petaling Jaya Sessions Court judge Dr Syahliza Warnoh on Oct 31 which convicted her of neglect under the Child Act and sentenced her to five-years in jail.
Ismanira is also appealing the imposition of a two-year good behaviour bond with a RM3,000 bail with one surety and to perform a 120-hour community hour within six months upon release from jail.
The matter was confirmed by Ismanira’s defence lawyer, Haresh Mahadevan.
On Oct 31, Syahliza ordered Ismanira to be jailed immediately after finding her guilty of neglect which may have resulted in physical harm to her son two years ago.
Syahliza ruled that the prosecution had successfully established its case beyond reasonable doubt against the defence.
The judge dismissed Haresh’s application for a stay of execution on the sentence pending an appeal, citing that there were no special circumstances to warrant it.
Syahliza, in finding Ismanira guilty of neglect, said she failed to provide reasonable supervision on Zayn Rayyan, which led to his disappearance in December two years ago.
In her broad grounds of judgment, Syahliza ruled that Ismanira’s defence that she did not neglect Zayn Rayyan as it was his rigid routine to walk behind her was inconsistent with the testimony of the fourth defence witness, Umi Syafiqah Rohizal.
Syahliza said she found that walking behind the accused was not a rigid and unchangeable routine of the deceased.
Ismanira was charged under Section 31(1)(a) of the Act for neglecting her son in a manner likely to cause physical injury between 12pm on Dec 5 and 9.55pm on Dec 6 2023, around Block R, Apartment Idaman, Damansara Damai, up to a nearby stream.
Zayn Rayyan was reported missing from Block R of the apartment on Dec 5, 2023 after Ismanira fetched him from school at about noon.
His body was found a day later in the stream, about 200m from his home.
In June last year, Ismanira and her husband Zaim Ikhwan Zahari, also 30, claimed trial to a joint charge of neglect which may have caused physical injury to Zayn Rayyan.
In July, Syahliza ordered Ismanira to enter her defence at the end of the prosecution’s case and acquitted Zaim.
© New Straits Times Press (M) Bhd
