Use of ‘likely' in neglect charge against Zayn Rayyan's mum vague, court told
PETALING JAYA : A child psychologist told the sessions court today the word 'likely' in the neglect charge against Zayn Rayyan Abdul Matin's mother is vague and lacks clarity.
Dr Noor Aishah Rosli, 49, made the observation during examination-in-chief by defence counsel Haresh Mahadevan, representing Ismanira Abdul Manaf.
She said that for an act to be classified as neglect – whether emotional, physical, or educational – it must be consistent and occur over a period of time.
'The concept is that neglect involves repeated actions within a specific time frame,' she said.
Noor Aishah, who runs a private clinic, added that both the American Psychological Association and the World Health Organization adhered to this definition.
Haresh then referred to the charge, which states that the accused neglected Zayn 'in a manner likely to cause him physical harm', and asked if it specified how the alleged neglect occurred.
'If we look at the sentence, the word 'likely' carries an uncertain meaning,' she replied.
Haresh later referred the fifth defence witness to several documents, including Ismanira's police report from when Zayn was reported missing, the post-mortem report, and Zayn's medical records from the Selayang and Sungai Buloh hospitals.
Haresh: Is there anything in the reports that can be linked to neglect?
Noor Aishah: None. There is nothing in the reports that relates to neglect.
Haresh: Is there anything in the medical records that shows Zayn was neglected or abused?
Noor Aishah: None.
Ismanira and her husband, Zaim Ikhwan Zahari, were charged last year with neglecting their son. Zaim was acquitted after the prosecution failed to establish a prima facie case against him.
The alleged offence took place in PJU Damansara Damai between noon on Dec 5, 2023 – when Zayn was reported missing – and 9.55pm the next day, when his body was found in a stream near his home at Apartment Idaman, Damansara Damai.
Deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz, and Nur Sabrina Zubairi are leading the prosecution.
The trial before judge Syahliza Warnoh continues.
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