In written submissions filed at the close of their case, prosecutors said the law did not require them to prove that Zaim Ikhwan Zahari and Ismanira Abdul Manaf had intended for the boy to suffer any injury.
“Circumstantial evidence led through prosecution witnesses showed that the parents had exposed their child to injuries while he was under their care,” read the submissions, sighted by FMT.
In her police report, Ismanira had said she was heading home on Dec 5, 2023 together with Zayn, who was behind her. The mother claimed she was carrying Zayn’s schoolbag and some grocery items she had purchased at the time.
The boy’s mother said she turned around when she could no longer hear his footsteps, only to realise that he was missing.
According to the submissions, two child witnesses testified to seeing Zayn run alone towards an orchard near the Idaman Apartment around noon that day.
Meanwhile, another witness, Rashidah Rajali, who was about to send her child to school, said she chanced upon Ismanira going upstairs to her apartment.
According to Rashidah, Ismanira came down again at about 12.35pm.
She said Ismanira showed no motherly reaction to the loss of the special needs child at the time.
“One thing is apparent—that Ismanira was wearing a different tudung (headscarf) and attire when the witness met her again 20 minutes later,” the submissions read.
The prosecution said Ismanira only informed Zayn’s disappearance to his babysitter, Auni Afiqah Abas, about an hour after the child had gone missing.
They said medical officer Dr Siti Ramlah Abdullah testified that an autistic child requires a higher degree of care compared to a normal child.
Prosecutors also pointed to evidence that Zayn was unaccompanied when seen near the orchard.
“The mother was not there to prevent Zayn from going to the orchard,” the submissions read.
It said all the evidence, when pieced together, led to the conclusion Zayn was neglected the moment he was left to walk behind Ismanira, who paid no attention to him.
“The mother only cared about herself as she left the groceries in the house before looking for her son. Her conduct was captured on a closed-circuit television in the apartment,” they said.
What is even more heartbreaking is that the mother did not appear to panic or show anxiety, the submissions added.
“There was not a single prosecution witness who heard her scream or call out the victim’s name. Instead, she chose to go to her apartment to change her outfit and then came back as if nothing had happened.”
The prosecution said parents had a legal and moral responsibility to care, protect and ensure the safety of the child.
“Therefore, we submit that the couple had a common intention to commit the crime,” the submissions read, adding that the prosecution had established a prima facie case against both accused.
Ismanira and Zaim, both 30, are charged with neglecting Zayn in a manner likely to cause the boy physical harm between Block R of Apartmen Idaman in Damansara Damai and a nearby area, from noon on Dec 5 to 9.55pm the following day.
They are charged under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, which carries a penalty of up to 20 years’ imprisonment, a maximum fine of RM50,000, or both upon conviction.
Zayn’s body was found in a stream near his home on Dec 6, 2023, a day after he was reported missing.
Deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz and Nur Sabrina Zubairi are prosecuting while lawyers Haresh Mahadevan, Ramzani Idris and H Lavanesh are appearing for the couple.
Trial judge Syaliza Warnoh will deliver her decision on July 21.