Judge Syahliza Warnoh said the 20-minute footage is however subject to its admissibility as evidence that would be decided at the close of the prosecution’s case.
“I am allowing the prosecution’s application after going through case laws,” she said in her brief ruling.
The video was then played for investigating officer Hafizee Ismail to verify if that was the re-enactment he had mentioned in his witness statement.
However, the video was stopped at the insistence of the defence as the boy’s mother, Ismanira Abdul Manaf, was seen giving a statement to the police that violated Section 113 of the Criminal Procedure Code (CPC) and Section 26 of the Evidence Act 1950.
Ismanira, who is jointly charged with her husband Zaim Ikhwan Zahari for neglecting Zayn Rayyan, was also captured in the video being surrounded by policemen, in lockup attire and being handcuffed.
In his witness statement, Hafizee said he had escorted Ismanira from the police lockup around 9am on June 10 last year to the family home at Apartment Idaman for a re-enactment of the circumstances that occurred between the time the boy went missing and when his body was found.
He said he instructed a police team from Bukit Aman to record the re-enactment which took about two hours. The recording was later downloaded onto a pen drive and handed to him.
Today, deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin asked Hafizee to identify the video as it was part of his investigation into the case.
However, the couple’s lead counsel Haresh Mahadevan objected, saying it could not be tendered as evidence and that it would prejudice Ismanira.
He also said that the video contained statements to the police which are inadmissible under Section 113 of the CPC and did not fall under the exceptions in the same provision.
Raja Zaizul replied that the video should be played and admitted as evidence, in the interest of justice.
“The prejudice is not only to the accused but also to the prosecution if it is not admitted as evidence. Let the court view it before a decision is made,” she said.
The judge, having heard submissions by both parties, decided not to mark it as a prosecution exhibit.
Lawyers Ramzani Idris and Lavanesh Haresh also appeared for the couple, while Raja Zaizul was joined by deputy public prosecutors Aqharie Durranie Aziz and Nur Sabrina Zubairii.
Ismanira and Zaim face a maximum fine of RM50,000, imprisonment for up to 20 years, or both.
The hearing before Syahliza continues tomorrow.