Haresh Mahadevan, the lawyer for Zaim Ikhwan Zahari and Ismanira Abdul Manaf, informed sessions court judge Syahliza Warnoh that the notice of motion was filed at the Shah Alam High Court by solicitors Wong & Co on Jan 21.
“We also submitted a copy of the application to the Attorney-General’s Chambers yesterday via email.
“The defence seeks a stay of the trial pending the hearing of the notice of motion, as proceeding with the trial may be rendered futile,” Bernama quoted Haresh as saying when the case was mentioned in the sessions court here today.
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin confirmed receipt by the prosecution of the notice of motion.
Syahliza scheduled Jan 28 for case management of the application.
According to the notice, Zaim Ikhwan and Ismanira are seeking an immediate discharge and acquittal, saying the charges fail to disclose any offence under Section 31 of the Child Act 2001.
The section makes it an offence to abuse, neglect, abandon or expose a child in a manner likely to cause the child physical or emotional injury.
The couple contends that the charges brought against them lack sufficient particulars of the elements of the offence.
They also allege that the charges constitute an abuse of the court process and have caused them significant prejudice, resulting in a miscarriage of justice and warranting the dismissal and annulment of all the charges.
In their supporting affidavit, the accused claimed the charges failed to comply with Sections 153 and 154 of the Criminal Procedure Code.
They said their constitutional rights under Articles 5 and 8 of the Federal Constitution to a fair trial and to equal protection under the law have been violated.
On June 13 last year, Zaim Ikhwan and Ismanira, both 30, pleaded not guilty in the sessions court to charges of neglecting six-year-old Zayn Rayyan in a manner likely to cause him physical harm.
The offence allegedly occurred at PJU Damansara Damai between noon on Dec 5 and 9.55pm on Dec 6, 2023.
The charges were framed under Section 31(1)(a) of the Child Act 2001, punishable by a maximum fine of RM50,000, imprisonment of up to 20 years, or both, upon conviction.
Zayn Rayyan was reported missing on Dec 5, 2023, and his body was discovered in a stream near his home at Apartment Idaman, Damansara Damai, the following day.
He was believed to have been murdered, and an autopsy revealed injuries to his neck and body, consistent with self-defence.