Judge Syahliza Warnoh ruled that the charge brought by the prosecution was in accordance with the provisions of the Criminal Procedure Code.
“The charge is not prejudicial to the accused and they will be able to put up a defence,” she said.
Syahliza ordered the trial to begin this afternoon.
Zaim Ikhwan Zahari and his wife, Ismanira Abdul Manaf, both 30, pleaded not guilty in the sessions court on June 13 last year to 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 charge was 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, after an autopsy revealed injuries to his neck and body, consistent with self-defence.
Earlier today, lawyer Haresh Mahadevan, the couple’s lead counsel, submitted that the charge, as framed, was unclear.
He said it failed to specify how the couple had neglected the victim.
“The provisions in the CPC were not adhered to and the accused will not be able to put up an effective defence,” said Haresh, who was assisted by Ramzani Idris and Lavanesh Mahadevan.
Deputy public prosecutor Aqharie Durranie Aziz submitted that Section 152 of the CPC allowed for the manner in which a crime was carried out to be omitted from the charge sheet.
“The elements of the charge will be proven by bringing in witnesses to testify in court,” said Aqharie, who was assisted by DPP Kamarul Iman Ahmad Sapian.
He said the evidence adduced will show that Zayn Rayyan was under the care and control of the accused, and it was their neglect which led to the child being physically abused.
At the start of today’s proceeding, the judge rejected an application by the accused to postpone the trial pending the disposal of a related hearing in the High Court.
The accused had filed a motion in the Shah Alam High Court on Jan 21 seeking a declaration that the charge was defective and asking that they be acquitted.
Haresh also told Syahliza she was obliged to first hear the defence’s preliminary objection, which resulted in the hearing and decision handed down this morning.