
Justice Roszianayati Ahmad ruled that the charge against Zaim Ikhwan Zahari and Ismanira Abdul Manaf was not flawed.
“The charge fulfils the requirements under Section 31(1) of the Child Act 2001.
“The burden is on the prosecution to prove how the neglect occurred, and it must be something likely to cause injury to the child,” the judge said when delivering her ruling.
Zaim and Ismanira had filed a motion seeking a discharge and acquittal, saying the charge failed 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 contended that the charge against them lacked sufficient particulars as to the elements of the offence.
Zaim and Ismanira, both 30, claimed trial in the sessions court on June 13 last year.
The offence is alleged to have occurred at PJU Damansara Damai between noon on Dec 5 and 9.55pm on Dec 6, 2023.
Zayn Rayyan was reported missing on Dec 5, 2023. His body was discovered in a stream near his home at Apartment Idaman, Damansara Damai, the following day.
He is believed to have been murdered, after an autopsy revealed injuries to his neck and body, consistent with self-defence.