THE High Court in Shah Alam today upheld the five-year jail sentence imposed on Ismanira Abdul Manaf, the mother of the late Zayn Rayyan Abdul Matin, after rejecting her appeal against the conviction and the prosecution’s cross-appeal against the sentence.
Judge Noor Hisham Ismail ruled that the Sessions Court judge had made no error of fact or law in convicting Ismanira and imposing the sentence on Oct 31 last year.
He said the Sessions Court’s finding that the defence had failed to raise a reasonable doubt was not clearly erroneous.
“The appellate court will only intervene if the sentence is clearly inadequate or clearly excessive, or if there is an error of principle. The five-year prison sentence imposed is neither inadequate nor clearly excessive,” he said.
Noor Hisham also found that the charge clearly set out each element of the offence under Section 31(1)(a) of the Child Act 2001.
“The manner in which the neglect was carried out was also detailed, such that the accused could not have been confused, and therefore there was no failure of justice. The interpretation of ‘neglect’ as a broad term does not necessarily make it ambiguous.
“The element ‘likely to cause him physical injury’ describes the nature of the neglect, not the consequence. This approach does not affect the conviction,” he said.
Ismanira was represented by lawyers Haresh Mahadevan, Tiara Katirina Fuad, Lavanesh Mahadevan and Haijan Omar, while the prosecution was represented by Deputy Public Prosecutors Raja Zaizul Faridah Raja Zaharudin, Kamarul Iman Ahmad Sapian, Aqharie Durranie Aziz and Ahmad Iqbal Azman.
Ismanira filed her appeal in January through Messrs Haresh Mahadevan & Co after challenging the Sessions Court’s decision in its entirety.
On Oct 31 last year, Petaling Jaya Sessions Court judge Dr Syaliza Warnoh sentenced Ismanira to five years in prison after finding that the defence had failed to raise a reasonable doubt, while the prosecution had proved its case beyond reasonable doubt at the close of the defence case.
The court ordered the sentence to take effect from the date of conviction.
Ismanira was also ordered to enter into a two-year good behaviour bond with a local surety and a RM3,000 bond, and to complete 120 hours of community service within six months after serving her prison sentence.
Her application to stay the sentence was dismissed.
On Dec 23 last year, the High Court also rejected her application to stay the execution of the five-year prison sentence.
Under the amended charge, Ismanira, as a person having custody of Zayn Rayyan, who was six at the time, was accused of neglecting him in a manner likely to cause him physical injury.
The offence was alleged to have occurred around Block R, Idaman Apartments, Damansara Damai and the river area near the apartment between noon on Dec 5, 2023 and 9.55pm on Dec 6, 2023.
She was charged under Section 31(1)(a) of the Child Act 2001, which provides for a maximum prison term of 20 years or a fine of up to RM50,000, or both, upon conviction. - September 28, 2026
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