KUALA LUMPUR – The charge of neglect under the Child Act 2001 was finally used against autistic child Zayn Rayyan Abdul Matiin’s parents after much deliberation by police and the Attorney-General’s Chambers (AGC), said senior cop Datuk Seri Mohd Shuhaily Mohd Zain.
The Bukit Aman Criminal Investigation Department director said the public prosecutor decided the Child Act was the most suitable for framing the charges based on evidence and statements taken.
This was despite the case being investigated under Section 302 of the Penal Code for murder, he told a press conference today.
In the end, Section 31(1) of the Child Act on neglect, was the best possible outcome that the police and the public prosecutor agreed on.
Asked if the outcome was not what police expected, Shuhaily declined to answer, saying it would be “sub judice” of him to do so.
“I cannot say anything to jeopardise the trial,” he told reporters.
He also acknowledged the “anti-climax” the public and netizens feel over the charges, but said: “People’s feelings don’t matter here. This is the process of the law. Justice is blind and we have to follow procedures.”
He said the public must be patient and follow the trial, where “all would be revealed”, hoping that justice would be served for Zayn Rayyan.
During the press conference today, Shuhaily repeatedly cited sub judice when asked other questions, such as whether the main suspect was still at large, and if Zayn Rayyan’s parents had confessed to the crime while under police custody.
“That is a leading question. I cannot answer, sorry,” Shuhaily said.
He also explained why Zayn Rayyan’s mother, Ismanira Abdul Manaf, was brought before a magistrate yesterday for a confession to be recorded, citing Section 26(1) of the Evidence Act on the admissibility in court of a confession.
A confession can only be accepted by the court while under police custody if it is made before a magistrate or judge.
However, Ismanira did not record any confession yesterday, her lawyer Mahmud Jumaat said.
Shuhaily said police followed the law in conducting their probe.
“Without prejudice, we used all the laws available to investigate this case until the charge today.”
Asked if investigations will be resumed if new information emerges during the trial, he said: “We will take the lead from the trial”.
Shuhaily also paid tribute to the special police task force that has spent the last six months investigating the autistic child’s murder.
“They have shown dedication, discipline, commitment; they have taken the case very seriously.”
Zayn Rayyan’s parents, Zaim Ikhwan Zahari and Ismanira Abdul Manaf, were today charged together with neglect resulting in injury.
They were accused of committing the offence on December 5 last year at around 12pm until December 6, around 9.55pm, at Jalan PJU 10/1, Damansara Damai.
The charge under Section 31(1)(a) of the Child Act 2001 was read together with Section 34 of the same act, which provides for a maximum fine of RM50,000 or imprisonment of up to 20 years, or both, upon conviction.
The court set RM10,000 bail for each of the accused, along with an additional condition to report to the nearby police station on the first day of every month, and to refrain from disturbing the prosecution’s witnesses.
On December 6 last year, Zayn Rayyan’s body was found by a stream near the Idaman Apartments, Damansara Damai.
A post-mortem indicated that the child was killed, based on injuries found on his neck and body. – June 13, 2024
