Malaysia

Court rejects Siti Bainun’s bid for prosecution witnesses’ statements

Judge dismisses Rumah Bonda founder’s application, rules they’re privileged docs

Updated 3 years ago · Published on 09 Dec 2022 4:43PM

Court rejects Siti Bainun’s bid for prosecution witnesses’ statements
The sessions court rules that the witnesses offered by the prosecution in Rumah Bonda founder Siti Bainun Ahd Razali’s case are available and could be interviewed by the defence, which means there would be no miscarriage of justice. – Bernama pic, December 9, 2022

KUALA LUMPUR – The sessions court here today dismissed an application by Rumah Bonda founder Siti Bainun Ahd Razali for the police statements of 15 witnesses offered by the prosecution for her defence trial.

Judge Izralizam Sanusi dismissed the application on the grounds that the statements were privileged documents.

“Apart from that, the statements cannot be accepted as evidence except for the purpose of challenging the credibility of witnesses under Section 155 of the Evidence Act 1950 and Section 113(2) of the Criminal Procedure Code and some other exceptions,” added the judge.

He also said that the witnesses offered by the prosecution were available and could be interviewed by the defence and thus, there would be no miscarriage of justice.

On another application by the defence to recall three of the prosecution witnesses, the judge said he would need time to deliberate the matter and ordered the defence to submit its purpose and reasons for wanting to do so.

He said this was to ensure that the application was not a tactic to delay the hearing.

“The order will be made after I obtain and examine the complete list of witnesses along with the purpose and reason (by the defence) for recalling the witnesses,” he added.

The three witnesses are a former resident of Rumah Bonda, Yasmin Nahar Mohmood, investigating officer Rohaini Baharom from the Sexual, Women, and Children Investigation Division (D11) of the Kuala Lumpur contingent police headquarters and plastic surgeon Dr Salmi Mohamed Shukur.

Izralizam then set 25 days next year for the defence trial, with the January dates from 5 to 6, 16 to 20, and 26 to 27; for February, the dates are 20 to 24 and 27 to 28; and in March on 6 to 10 and from 27 to 30.

Last November 24, Siti Bainun was ordered to enter her defence on charges of neglecting and abusing a 13-year-old girl with Down syndrome known as Bella after finding that the prosecution had succeeded in establishing a prima facie case against her.

She was charged with committing the offences, which resulted in Bella suffering physical and emotional injuries, at a condominium unit in Wangsa Maju between February and June 2021.

The charges, framed under Section 31(1)(a) of the Child Act 2001, provide imprisonment for up to 20 years or a maximum fine of RM50,000, or both, if convicted. – Bernama, December 9, 2022

Related News

Malaysia / 11mth

High number of child abuse, neglect in Sarawak worrying, says Minister

Malaysia / 1y

‘Bella’ and seven others charged for threatening, extorting and confining a man

Malaysia / 1y

Syed Saddiq, family members and Bella Astillah arrive at Putrajaya court

Culture & Lifestyle / 1y

‘So, when is the big day?’ Anwar asks Syed Saddiq

Malaysia / 1y

Dangerous to dismiss 'Abang Bas' behaviour as a joke, says Wanita MCA

Malaysia / 1y

Report child abuse to cops, not post on social media, says minister

Spotlight

Malaysia

Bersatu-PH tie-up a possibility as coalition seeks Malay support, analyst says

By Alfian Z.M. Tahir

Malaysia

Woman molested on her way home from work (video)

Malaysia

Court allows Daim's daughter to permanently keep passport

Malaysia

Santiago pokes holes in data centre hype, asks: Who really benefits?

By Alfian Z.M. Tahir

Malaysia

Jeweller vows to pursue Rosmah until ‘every penny’ is recovered as RM67.5m battle enters enforcement phase

Malaysia

Ambulance carrying two injured men crashes en route to hospital after MPV collision in Besut

Malaysia

Man blames 'lack of love' for sexual assault on teens

Business

BNM's OPR to stay at 2.75 pcent in 2026 amid strong domestic demand - Kenanga IB

Malaysia

Missing jewellery: Rosmah ordered to pay RM67.5 million

You may be interested

Malaysia

Rohingya labourer pleads not guilty to armed robbery of badminton great Razif Sidek’s home

Malaysia

Hamzah Zainudin set to make announcement at “Malaysia Reset” convention in Kelantan

Malaysia

Perak police arrest man over murder and rape case linked to love triangle in Jejawi

Malaysia

J-KOM files police report against Albert Tei over repeated protests at Comms Ministry

Malaysia

Isa Samad's 'Tan Sri' title revoked

Malaysia

PAS accused of being opportunists, as analyst slams shifting alliances

By Alfian Z.M. Tahir

Malaysia

Johor caretaker government continues administrative duties ahead of state election

Malaysia

‘Keep it clean’: Anwar demands transparency and discipline as twin state polls begin