Lawyer Fatin Syaza Irdina Eddin Syazri told a three-member Court of Appeal panel that Siti Bainun, 32, would be filing a new application for a stay of execution at the High Court.

“Therefore, we have been instructed by our client, as the appellant, to withdraw the notice of appeal,” she said.

Deputy public prosecutor Asmah Musa did not object.

Justice Ahmad Zaidi Ibrahim, sitting with Justices Zaini Mazlan and Azmi Ariffin, then struck out the appeal.

On May 2, High Court judge Noorin Badaruddin upheld the conviction and 12-year prison sentence against Siti Bainun after rejecting her appeal to set aside the conviction and sentence passed by the Kuala Lumpur sessions court in May 2023.

Siti Bainun will now file a new application for a stay of execution before Noorin.

On May 3, 2023, sessions court judge Izralizam Sanusi ordered Siti Bainun to be sent to the Kajang prison to serve her 12-year prison sentence immediately, after dismissing her application to stay the sentence.

Siti Bainun was also ordered to sign a RM5,000 five-year good behaviour bond in one surety, and to carry out 200 hours of community service within six months after serving her time in jail.

Siti Bainun was charged with neglecting and ill-treating the 13-year-old girl known as Bella, causing her to suffer physical and emotional injuries at a condominium unit in Wangsa Maju between February and June 2021.

The charge, framed under Section 31(1)(a) of the Child Act 2001, provides for up to 20 years in prison or a fine of RM50,000 or both, upon conviction.