Shah alam: The High Court here today fixed Sept 28 for its decision on Ismanira Abdul Manaf's appeal to overturn her conviction and five-year prison sentence for neglecting her six-year-old son, Zayn Rayyan Abdul Matin, resulting in physical injury three years ago. Judge Noor Hisham Ismail set the date after hearing submissions from both sides, including the prosecution's cross-appeal against the sentence imposed on Ismanira, 31.
According to BERNAMA News Agency, the judge stated, 'I need some time, so the court has fixed Sept 28 for the decision,' during proceedings attended by Ismanira's counsel Haresh Mahadevan, Lavanesh Haresh, Tiara Katirina Fuad, and Haijan Omar. Appearing for the prosecution were deputy public prosecutors Ahmad Iqbal Azman, Kamarul Iman Ahmad Sapian, Aqharie Durranie Aziz, and Raja Zaizul Faridah Raja Zaharudin.
Earlier, Lavanesh Haresh submitted that the court should allow the appeal and overturn his client's conviction and sentence, arguing that the five-year prison term was excessive. He contended that the duration of neglect was minimal and proposed that a fine would be a more fitting punishment. He noted that Ismanira had already served 10 months in prison and requested the court to consider this if a fine were to be imposed.
The defence argued in the appeal that the Sessions Court judge had made an error in concluding that the injuries sustained by Zayn Rayyan were due to Ismanira allowing him to walk behind her. They also contested the reliance on the conclusion of senior police investigating officer SP28, who characterized Ismanira's actions as neglect.
Meanwhile, the prosecution maintained that the conviction and sentence were appropriate but sought a heavier penalty as a deterrent. Raja Zaizul Faridah argued that the sentence should emphasize the deterrent aspect and not solely consider the relationship between the appellant and the victim. She expressed concern about setting a precedent that might lead to leniency in similar cases involving parental figures.
The appeal petition was initially filed by the defence on Jan 5 through Messrs Haresh Mahadevan and Co, challenging both the conviction and the decision delivered by Petaling Jaya Sessions Court Judge Dr. Syahliza Warnoh on Oct 31 of the previous year. The Shah Alam High Court had earlier dismissed an application by Ismanira to stay the prison sentence, citing no special circumstances to grant the stay.
In addition to her prison sentence, Ismanira was also ordered to perform 120 hours of community service, to be completed within six months post-incarceration. She was charged under Section 31(1)(a) of the Children Act 2001, in conjunction with Section 34 of the Penal Code, which carries a maximum penalty of 20 years' imprisonment, or a fine, or both.