Zayn Rayyan trial: March 4 set for decision on parents' bid to strike out child neglect charge

The Star

The High Court in Shah Alam has set March 4 to deliver its decision on the notice of motion filed by Zayn Rayyan Abdul Matin's parents to strike out a child neglect charge, allegedly by placing their son at risk of physical harm.   Read more at https://tinyurl.com/w6mahtb4  WATCH MORE: https://thestartv.com/c/news SUBSCRIBE: https://cutt.ly/TheStar LIKE: https://fb.com/TheStarOnline

Transcript

00:00The High Court in Shah Alam has set March 4 to rule on a motion filed by Zayn Rayyan

00:07Abdul Matin's parents to strike out a child neglect charge for allegedly placing their

00:12son at risk of physical harm.

00:15Judge Rosianayati Ahmad fixed the date on Tuesday after hearing arguments from both

00:20the defense and prosecution on the charge's validity.

00:23Defense counsel Marcus Lee, representing Zayn's parents, Zayim Ikhwan Zahari and Ismanira

00:29Abdul Manaf, argued that the charge under Section 31, subsection 1 of the Child Act

00:352001, was flawed and did not meet the requirements of Section 154 of the Criminal Procedure Code

00:43– CPC.

00:44He contended that unlike murder charges, which do not always specify the method of killing,

00:51neglect cases under Section 31 require a subjective assessment of whether the alleged neglect

00:57was likely to cause harm.

00:59Lee also claimed that the charge's wording, in a manner likely to cause harm, merely repeated

01:05the law without specifying the actual act of neglect, making it difficult for his clients

01:11to mount a proper defense.

01:13However, Deputy Public Prosecutor Raja Zayzul Farida Raja Zaharuddin countered that the

01:19charge was not defective and complied with Sections 152 and 153 of the CPC.

01:26She explained that under Section 31, subsection 1, subsection A of the Child Act 2001, the

01:32prosecution only needs to prove that the victim was a child under 18, that the accused had

01:38custody of the child, and that the accused neglected the child, resulting in physical

01:43or emotional harm.

01:45She argued that the charge correctly followed the legal provisions, including the term likely,

01:51which is explicitly stated in the statute.

01:54She also pointed out that the trial in the Sessions Court is already underway, with twenty

01:59witnesses called, and at least ten more expected to testify in March.

02:05Raja Zayzul dismissed the defense's claim that the charge was vague, arguing that if

02:10it were truly unclear, the defense would not have been able to effectively cross-examine

02:16prosecution witnesses.

02:19In December 2023, six-year-old Zain Rayan was reported missing in Damansara Damai, Selangor.

02:26The autistic boy's body was found the next day in a nearby stream, with autopsy results

02:32indicating injuries consistent with self-defense.

02:36His parents were charged in June 2024 under Section 31, subsection 1, subsection A of

02:42the Child Act, but pleaded not guilty.

02:45They filed a motion on January 21 to dismiss the charge, which the Petaling Jaya Sessions

02:52Court rejected on February 3.

02:55The trial continues, with the next session set for March 11.

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