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Nature of neglect not clearly defined in charge against Zayn's mother, says child psychologist

Nature of neglect not clearly defined in charge against Zayn's mother, says child psychologist

PETALING JAYA: A child clinical psychologist told the Sessions Court today that the charge mounted against the mother of the deceased autistic boy, Zayn Rayyan Abdul Matin, lacked a clear definition of neglect.
Dr Noor Aishah Rosli, 49, the fifth defence witness in the trial of Ismanira Abdul Manaf, 30, said this after reviewing the amended charge presented to her by defence lawyer Haresh Mahadevan.
During examination-in-chief before Sessions Court judge Dr Syahliza Warnoh, Haresh asked Dr Noor Aishah to silently read the charge.
Dr Noor Aishah: It states that the accused 'had neglected the child in a manner likely to cause physical harm'.
Haresh: Is the nature (of neglect) described in the charge?
Dr Noor Aishah: Looking at the sentence 'had neglected the child in a manner likely to cause physical harm.'I see the word 'likely' suggests uncertainty.
Haresh: Is the way the accused had neglected the child in the charge sheet as defined by the American Psychological Association (APA)?
Dr Noor Aishah: It is not stated here, Yang Arif.
Earlier, Dr Noor Aishah told the court that according to the APA, there were several methods of neglect, such as emotional and physical, and it must be throughout a prolonged and consistent period.
She said to her knowledge, there is no definition of neglect in the country's law provision, and that was the reason she referred to international bodies such as the APA and the World Health Organisation.
Haresh: You read the post mortem report as well as the police report and the caution statement by Ismanira, and comparing it with the definition of neglect you mentioned earlier, are there any links to any definition that can fit into the aspect of neglect?
Dr Noor Aishah: None can be linked with the definition of neglect. There is none.
Haresh: You have read three medical reports issued by the Selayang and Sungai Buloh Hospital. Was there anywhere in the reports that showed that Zayn was a neglected or abused child?
Dr Noor Aishah: There is not one word that points to that.
During proceedings today, Ismanira, an accounts clerk, looked composed in the dock during proceedings.
Her husband, Zaim Ikhwan Zahari, also 30, who was acquitted of the charge, sat in the courtroom's public gallery with his mother and sibling.
The trial continues.
Haresh was assisted by co-lawyers Ramzani Idris and Lavanesh Haresh.
The prosecution is represented by deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz and Nur Sabrina Zubairi.
On July 21, Ismanira was ordered by Syahliza to enter her defence on the charge after ruling that the prosecution had successfully established a prima facie case against her.
Syahliza had ordered Ismanira to enter her defence for the charge under Section 31(1)(a) of the Child Act.
Ismanira is accused of being a person responsible for the care of Zayn and having allegedly neglected him in a manner likely to cause physical injury.
She is accused of committing the offence from 12pm on Dec 5, 2023, until about 9.55pm on Dec 6, 2023, around the area of Block R, Apartment Idaman, Damansara Damai, up to a nearby stream.
Zayn was reported missing from Block R of the apartment on Dec 5, 2023 after Ismanira fetched him from school at 12.30pm.
His body was found a day later in the stream, about 200m from his home.
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