THE defence maintains that Ismanira Abdul Manaf’s immediate reaction to cry when the body of Zayn Rayyan Abdul Matin was found in a stream near Apartment Idaman, Damansara Damai, is consistent with the behaviour of an innocent person.
According to the defence, this reaction is supported by the testimony of the fourth prosecution witness (PW4), Inspector Nina Syamimi Syamsuddin, who confirmed that Ismanira was crying when the body was discovered on December 6, 2023.
The police officer, in her testimony at the Petaling Jaya Sessions Court, stated that Ismanira had previously tried to search for the autistic child at several locations but was unable to find him. A police report was then lodged by Ismanira.
This testimony was also supported by PW16, Rashidah Rajali (a neighbour of the family), who saw Ismanira actively searching for Zayn Rayyan from two different directions, visibly sweating.
The defence argued that the testimonies of both witnesses contradicted the prosecution’s case that Ismanira had neglected her child.
The defence team stated that there was no evidence linking Ismanira’s actions to neglect of Zayn Rayyan as alleged in the charges.
The defence stated this in a 127-page written submission outlining the reasons why Ismanira and her husband, Zaim Ikhwan Zahari, should be acquitted of the charges without being called to defend themselves.
The written submission, obtained by the media, was filed by the Haresh Mahadevan & Co. on May 23.
There were also no eyewitnesses who saw Ismanira or her husband neglecting their child; the assumption was made solely based on the interpretation of the investigating officer.
The defence also stated that Ismanira’s act of leaving Zayn Rayyan to walk behind her while returning from school at noon on the day the victim was reported missing was not an act of neglect.
This argument was supported by the testimony of PW10, Nasimah Abu Bakar, who explained that Zayn is a passive and well-behaved autistic child who can rely on daily cues.
“Zayn Rayyan is a good child and not the hyperactive type; he doesn’t throw tantrums often,” said Nasimah, who is also the student management assistant at Zayn Rayyan’s school, during her testimony on February 7.
On April 24, the prosecution closed its case after 28 witnesses testified during the 20-day trial proceedings that began on February 4.
“We believe that the defence has raised many doubts in the prosecution case. Therefore, the defence humbly requests that both accused be discharged and acquitted of the charges without being called to defend themselves,” read the written submission.
The court set July 21 to deliver the decision on whether Zayn Rayyan's parents, Zaim Ikhwan Zahari and Ismanira, are to enter their defence, or be acquitted of the charge of neglecting the six-year-old autistic child, to the point of causing physical harm to him.
The court also fixed May 23 as the deadline for written submissions, with reply to submissions by June 6.
Among the witnesses called during the trial were Faizul Najib Abd Munaim, the first person to discover the victim's body; the child's babysitter Auni Afiqah Abas; forensic consultant physician Dr Rohayu Shahar Adnan; three investigating officers; and two 10-year-old child witnesses. – June 1, 2025
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