High Court Justice Roszianayati Ahmad fixed the date after ruling on the application by Zaim Ikhwan Zahari and Ismanira Abdul Manaf, who are currently on trial at the Petaling Jaya sessions court.
Deputy public prosecutor Aqharie Durranie Aziz informed the court that the prosecution had submitted an affidavit in reply earlier this morning and was prepared to present its arguments on the scheduled date.
Earlier, the court dismissed the defence’s oral application to stay the trial pending the outcome of the motion.
The couple’s lawyer, Haresh Mahadevan, contended that the stay was necessary to safeguard the integrity of the motion, citing pressures arising from the ongoing trial.
“If I may, considering that the first day of the trial commenced yesterday with only one witness called, my request for a stay of those proceedings by invoking the inherent power of this court is warranted.
“A simple point I would like to make is – can a notice of motion retain its integrity and can a correct decision be made by this court with external pressures, such as a trial proceeding in the sessions court?”
However, Aqharie objected, saying that the defence had already filed a judicial review to stay the trial last Friday but the application was dismissed.
Roszianayati subsequently rejected the oral application, affirming that a separate judicial review application for the stay had already been filed in another court.
Yesterday, the Petaling Jaya sessions court dismissed the defence’s preliminary objection which alleged that the charge against the couple was defective.
On Jan 21, the couple filed a notice of motion at the Shah Alam High Court seeking to have the charges dismissed, along with an immediate discharge and acquittal. They argued that the charges failed to disclose any offence under Section 31 of the Child Act 2001.
On June 13 last year, Zaim Ikhwan and Ismanira, both 30, pleaded not guilty to a charge of neglecting their six-year-old autistic son in a manner likely to cause physical harm.
The offence allegedly occurred along PJU Damansara Damai between noon on Dec 5 and 9.55pm on Dec 6, 2023.
They were charged under Section 31(1)(a) of the Child Act 2001, which carries a maximum fine of RM50,000, imprisonment of up to 20 years, or both.
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 next day.
He was believed to have been murdered, with an autopsy revealing injuries to his neck and body, consistent with self-defence.