Judge Izralizam Sanusi said the motion was a misuse of court process and there was no special circumstances to suspend trial proceedings, adding that both charges were sound.
However, he allowed a defence motion to suspend today’s hearing, based on a letter stating that Siti Bainun had been admitted for pneumonia and was to undergo surgery.
Siti Bainun’s counsel Nur’Aminahtul Mardiah Nor had requested the temporary suspension of the trial as her client had failed to file a notice for a criminal review of the case decision at the High Court on Nov 25.
“Counsel’s claim that I did not consider the charges are baseless, as my main focus while reading the decision at the end of the charge was whether a prime facie case can be proven for each charge the accused faces.
“To determine that, I need to evaluate whether both charges have elements that satisfy the needs of the law in line with the section that the accused is charged with. Therefore, the accused’s motion to suspend proceedings is rejected,” Izralizam said.
Siti Bainun had been ordered on Nov 24 to enter her defence on two charges after the court held that the prosecution had proven a prima facie case against her.
On the motion to suspend defence proceedings, the judge said the court had no other option as the doctor had confirmed that Siti Bainun must undergo treatment and a blood test before setting a date for the surgery.
“Yet this is an important case, if I’m not satisfied, I can call the doctor who signed the MC and ask for an explanation. The date for defence has long been set by the court,” Izralizam said.
Nur’Aminahtul had earlier informed the court that her client was admitted to hospital on Nov 28 and a letter had been issued by the surgeon yesterday stating that Siti Bainun needed to undergo treatment tomorrow and that the date of the surgery could only be set after the treatment.
The court then set this Wednesday for case mention.
Siti Bainun is charged with neglecting and abusing a 13-year-old girl with Down Syndrome causing her physical and emotional injuries at a condominium apartment in Wangsa Maju in 2021.
The prosecution is led by deputy public prosecutor Nor Azizah Mohamad, Zilfinaz Abbas, Zahida Zakaria, Fazeedah Faik and Shakira Aliana Alias.