
Judge Syahliza Warnoh ruled that the prosecution had established a prima facie case against Ismanira Abdul Manaf, but failed to prove the necessary elements to require her husband, Zaim Ikhwan Zahari, to enter his defence.
Both Ismanira and Zaim are 30 years old.
Ismanira was given three options: to testify under oath from the witness stand, to give an unsworn statement, or to remain silent.
She informed the court that she would testify under oath from the witness stand.
Several family members were seen hugging Ismanira, who was in tears after the court stood down to proceed with the trial.
Ismanira and her husband were charged last year with neglecting Zayn in a manner likely to cause him physical harm.
The offence allegedly occurred at PJU Damansara Damai between noon on Dec 5 2023 – when the boy was said to have gone missing – and 9.55pm the following day, when his body was discovered in a stream near his home at Apartment Idaman, Damansara Damai.
The charge was framed under Section 31(1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, which carries a maximum sentence of 20 years’ imprisonment, a fine of RM50,000, or both, upon conviction.
Haresh Mahadevan, Ramzani Idris, and Lavanesh Haresh represented the couple.
Deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz, and Nur Sabrina Zubairi conducted the prosecution.