The Magistrate's Court in Petaling Jaya has recorded an objection by lawyers representing the parents of autistic child Zayn Rayyan Abdul Matiin, who was found dead in December last year.
Lawyer Mahmud Jumaat said when met by the press that the objection was made under Section 26(1) of the Evidence Act due to an application filed by the police.
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Lawyer Mahmud Jumaat said when met by the press that the objection was made under Section 26(1) of the Evidence Act due to an application filed by the police.
Read more at https://tinyurl.com/4r2cpk83
WATCH MORE: https://thestartv.com/c/news
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NewsTranscript
00:00I'm going to the court.
00:09Is it here?
00:21Peace be upon you.
00:24We, the judges for Zaim, Ikhwan and Ismanerah...
00:28...have arrived at the court at around 11 a.m.
00:32We arrived at 11 a.m.
00:35We were only informed by the media...
00:41...not by the PDRM or the investigators.
00:45But we were only informed by the media...
00:48...that at 9.30 a.m. this morning...
00:52...there will be a closed hearing...
00:55...in which the investigators will bring Ismanerah...
00:59...to the Magistrate Court of Petaling Jaya...
01:04...for a procedure that is quite extraordinary for us.
01:10It is said that Ismanerah will give a statement...
01:16...to the Magistrate Court.
01:19Both of us have been allowed to enter the proceedings.
01:25For your information, the proceedings are being held in a room...
01:28...and not in an open court.
01:31When we arrived, the investigators had just begun...
01:36...the hearing in front of the Magistrate, Mr. Zafran.
01:39When we asked about the reasons...
01:43...for the presence of the investigators and Ismanerah this morning...
01:47...we were allowed to object to the proceedings.
01:53Our objections were based on the law...
01:58...in which the Criminal Procedure Act...
02:01...does not state any clear process...
02:06...related to such a request.
02:10We asked the investigators...
02:13...why the proceedings were not informed earlier.
02:16That is the issue now.
02:18The first objection was recorded by the Magistrate...
02:23...and the Magistrate is also aware that we were not informed.
02:27Therefore, of course, we were late.
02:30On the grounds that there was no specific reason...
02:34...to hold this hearing...
02:37...we also stated that this is very prejudicial...
02:39...towards the children of the judges...
02:41...whether it is Ismanerah or Zaim who was not brought this morning.
02:45The third objection was that this request...
02:52...could affect our defence later on...
02:58...if they are accused.
03:02Our objection was recorded by Mr. Zafran.
03:07Of course, we were informed by the investigators...
03:12...that this request was not made under Section 115...
03:18...because Section 115 of the Criminal Procedure Act...
03:22...has been violated.
03:24However, it was made under Section 26...
03:26...Unit 1 of the Procedure Act.
03:28Based on that, we also objected...
03:31...because we believe that Section 26.1...
03:35...is not at all relevant...
03:37...to take any wrongdoing in front of a magistrate.
03:41Based on these reasons...
03:43...the magistrate has recorded everything...
03:46...and I think that after the objection was made...
03:49...I left the proceeding...
03:51...and because of the request from Ms. Ismanerah...
03:54...I asked Mr. Mahmud to stay...
03:56...because there is an issue that will be stated by Mr. Mahmud shortly.
04:00For us, we have also recorded the objection.
04:03Once again, I would like to state that...
04:06...we came late this morning...
04:08...not because we knew...
04:10...and came late on purpose...
04:12...but because there was no cooperation from the PDRM...
04:16...because we have been in contact...
04:18...throughout this hearing.
04:20We asked them to inform us as soon as possible...
04:23...about any issues...
04:24...but we did not get any cooperation...
04:26...until this morning...
04:27...and thank you to the media for informing us.
04:30As you know, Mr. Fahmi...
04:33...this is under Section 26...
04:35...Unit 1 of the Procedure Act.
04:37Section 26.1 of the Procedure Act...
04:40...which is the misdemeanor...
04:42...if we have done it during the PDRM...
04:47...means that it cannot be used in court...
04:49...unless...
04:51...the misdemeanor has been committed...
04:53...in the presence of the court judge...
04:55...or the magistrate.
04:57And in this case...
04:59...this is the proceeding that has been made...
05:01...by the PDRM...
05:02...for whether or not...
05:04...the misdemeanor...
05:05...wants to be done by...
05:07...Ms. Nisma, the defendant.
05:10But...
05:11...the interesting thing here is...
05:15...Ms. Nisma, the defendant...
05:16...did not commit any misdemeanor.
05:18I emphasize...
05:20...the defendant, Ms. Nisma...
05:21...did not commit any misdemeanor...
05:23...on the contrary...
05:25...she made a statement...
05:27...to the magistrate.
05:30Therefore...
05:32...as I have emphasized...
05:34...several times before this...
05:36...I ask the public...
05:38...not to make any speculation...
05:41...not to spread any false news...
05:44...regarding anything...
05:47...that involves Ms. Nisma...
05:50...or Mr. Zaim...
05:53...regarding the death of the deceased.
05:56Because...
05:58...there is a clear contradiction...
06:03...between Ms. Nisma's statement...
06:07...to the magistrate...
06:09...and what has been rumored...
06:12...out there.
06:14So I ask the public...
06:17...to cooperate...
06:19...so that we can respect...
06:20...the investigation process.
06:22Like it or not...
06:23...tomorrow...
06:24...whether there is an indictment...
06:25...against the two defendants...
06:26...or one of them...
06:27...maybe...
06:28...if there is no indictment...
06:29...they need to be released...
06:31...by the police.
06:33As far as we know...
06:36...tomorrow is the last day for the hearing...
06:38...on the 13th...
06:39...and as far as we know...
06:42...from the media...
06:43...tomorrow is the day of the decision.
06:45I believe that the investigation papers...
06:47...have reached the Ministry of Justice...
06:49...they will assess...
06:50...analyze all the documents...
06:51...and they will see...
06:52...if there is any decision...
06:54...tomorrow we will know.
06:55Whether released...
06:57...or released...
06:58...by the police...
06:59...or accused...
07:00...who is accused...
07:01...we will know tomorrow.
07:02We will know...
07:03...as soon as I get the information...
07:04...from the public prosecutor.
07:06Today there is no indictment...
07:08...there is no indictment...
07:09...there is a violation...
07:10...there is a violation...
07:11...there is a violation...
07:12...because Mrs. Nisma...
07:13...emphasized that...
07:14...she did not want...
07:15...to make an indictment...
07:16...on the contrary...
07:17...to give a very...
07:20...different explanation...
07:21...than what has been...
07:22...reported out there...
07:23...apparently she made an indictment...
07:25...and...
07:26...is involved in her murder.
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