KUALA LUMPUR – Rumah Bonda founder Siti Bainun Ahd Razali today failed in her second bid to stay her 12-year prison sentence for neglecting and abusing a teenage girl who was under her care known as Bella.
Siti Bainun was seeking a stay of execution pending her appeal against the conviction and sentence by the sessions court.
High Court judge Datuk Ahmad Bache dismissed the application by Siti Bainun, 31, on the grounds that there were no special or exceptional circumstances to allow a stay.
“The applicant has also been convicted by the sessions court judge and the judge has also dismissed a similar application for reasons with which this court agrees,” said Ahmad.
In the judgment, Ahmad also said that there was no specialist report to verify Siti Bainun’s claims of having health problems, such as asthma, gallstones, and gastroesophageal reflux disease.
“What is available is the normal medical report dated December 6, 2022, the applicant’s admission letter to a hospital on November 28, 2022, and the photograph of her nose and lips, which cannot help the court.
“However, the respondent (prosecution) filed an affidavit-in-reply from a medical officer at the clinic of Kajang Women’s Prison, Dr S.S. Sunita, who conducted a health examination on the applicant and found that the applicant was in a stable condition, did not suffer any health complications and did not have any serious health problems,” said the judge.
According to Ahmad, no counter-affidavit was filed by Siti Bainun to refute Dr Sunita’s report and opinion.
“This is a deficiency that weakens the application, with the applicant giving an excuse that she received the affidavit late. The court opines this reason is an afterthought by the applicant,” he added.
On the reason given by Siti Bainun that she was supporting an old and ailing mother, the judge said it was a personal family issue and with the applicant being active in charity work, it did not provide a special circumstance that justified a stay of execution.
“Without the applicant, charity work does not stop or become stagnant because there are still many volunteers who are active in charity work. The applicant was previously active in a volunteer organisation involving children and if this application is granted, she has a tendency to commit a crime,” said the judge.
Another reason given by Siti Bainun in applying for the stay was that she was taking care of a boy, which the judge said was not a special circumstance.
He said based on a supporting affidavit from the investigating officer, the boy had been living with his parents in Puchong since last year.
“The mother in question, Noor Marliana Ramlee, also denied that she was supported by the applicant, but stated that she has a husband who is supporting her,” said Ahmad.
On May 3, sessions court judge Izralizam Sanusi sentenced Siti Bainun to 12 years’ jail, to be served on the same day, following which she was sent to Kajang Prison.
Izralizam sentenced Siti Bainun to 12 years’ imprisonment after finding her guilty of two counts of neglecting and abusing Bella, a 13-year-old with Down syndrome, at a condominium unit in Wangsa Maju between February and June 2021.
The court also ordered her to sign a five-year good behaviour bond with a local as a guarantor and a surety of RM5,000.
Siti Bainun was also ordered to carry out 200 hours of community service to be completed within six months after serving her time.
The prosecution was represented by deputy public prosecutors Nor Azizah Mohamad, Zilfinaz Abbas, Zahida Zakaria, and Shakira Aliana Alias, while lawyer Ahmad Faiz Munawar represented Siti Bainun.
Also present at today’s proceeding was lawyer Mohd Radzi Yatiman, appointed by Johor Crown Prince Tunku Ismail Sultan Ibrahim to hold a watching brief. – Bernama, May 23, 2023
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