Rumah Bonda founder Siti Bainun seeks to submit new evidence linked to Zayn Rayyan case
PUTRAJAYA: Rumah Bonda founder Siti Bainun Ahd Razali is seeking leave to adduce new evidence in her final appeal to overturn her conviction and 12-year jail sentence for the abuse and neglect of a teenager with Down syndrome, Bella, in 2021.
Siti Bainun, 33, had applied to submit fresh evidence in the form of a police report linked to Ismanira Abdul Manaf, the mother of the late autistic boy, Zayn Rayyan Abdul Matiin.
Today was set for Siti Bainun's appeal hearing, but her lawyer Haijan Omar told a three-member Court of Appeal panel that they had filed a notice of motion on 7 May to introduce new evidence.
"We have applied for permission to adduce new evidence based on allegations regarding this case in a police report made by Ismanira Abdul Manaf on July 25, 2024.
"The second prayer is to be allowed to summon Ismanira to give further evidence, as well as to be given permission to further cross-examine a prosecution witness mentioned in the police report.
"The report, dated July 25, 2024, only came to the appellant's knowledge on March 24 this year, after the trial concluded and the appeal at the High Court," Haijan told the panel, which included judges Datuk Azmi Ariffin and Datuk Dr Choo Kah Sing.
Ismanira and her husband, Zaim Ikhwan Zahari, 30, are facing a joint charge of neglecting Zayn Rayyan, 6. The Petaling Jaya Sessions Court is set to decide in July whether the couple must enter their defence.
In response, deputy public prosecutor Datin Asmah Musa said the prosecution had just received the notice of motion and supporting affidavit filed by Haijan.
"An investigation will be carried out into the police report," she said.
Azman then adjourned the hearing.
Case management is set for 3 June to fix a date for the hearing of the notice of motion and the appeal.
The judge also addressed Siti Bainun in the dock regarding the developments. She replied that she understood the proceedings.
After court adjourned, Haijan said there was strong justification to admit the new evidence but declined to elaborate.
"The new evidence, if allowed, will affect the findings that led to the conviction.
"If leave is granted, this panel may hear it or send it back to the trial court for findings to be submitted to the Court of Appeal.
"If that happens, the appeal proper will involve the new evidence. If our notice of motion is allowed, the appeal will not be heard."
In May last year, then Kuala Lumpur High Court judge Datuk Noorin Badaruddin dismissed Siti Bainun's appeal against the conviction and sentence imposed by the Sessions Court. (https://www.nst.com.my/amp/news/crime-courts/2023/05/905235/siti-bainun-...)
She found no reason to disturb the Sessions Court's findings, stating the decision was sound and without error.
In May 2023, Sessions Court judge Izralizam Sanusi sentenced Siti Bainun to 12 years' jail after finding her guilty of abusing and neglecting Bella.
He imposed concurrent sentences of 10 to 12 years and ordered her to sign a five-year good behaviour bond with one surety and RM5,000 collateral under Section 31(2)(a) of the Child Act 2001.
She was also ordered to perform 200 hours of community service within six months after completing her jail term.
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