
A three-member Court of Appeal bench led by Justice Azman Abdullah today unanimously dismissed her bid to set aside the conviction and 12-year jail sentence imposed by the sessions court on May 3, 2023.
“We find that the prosecution has proven its case against the appellant beyond reasonable doubt.
“Accordingly, the conviction is safe to uphold and the appeal is dismissed,” Azman said.
Justices Azmi Ariffin and Hayatul Akmal Abdul Aziz also heard the appeal.
The court upheld the 12-year sentence imposed by the lower court, with Azman remarking that “even animals would not think of inflicting such injuries as those seen on Bella”.
Azman said there was no denying that the injuries sustained by Bella, who was 13 when the offence took place in 2021, were non-accidental and not self-inflicted, as supported by witness testimony.
He said photographs tendered in court showed wounds on her arms, old injuries on her head, face, neck and back, as well as burn marks.
The sessions court had sentenced Siti Bainun, 33, to 10 years’ jail for neglecting the girl and 12 years for abusing her, with both sentences to run immediately and concurrently.
Siti Bainun was also ordered to sign a RM5,000 good behaviour bond for five years with one surety, and to perform 200 hours of community service within six months of her release.
On May 2 last year, the High Court upheld both conviction and sentence.
Siti Bainun was represented by Haijan Omar, Nurul Hafidzah Hassan, Nur Aminatul Mardhiah Nor, Tun Laila Tun Rafaee, Asyraaf Abu Bakar Hamzah and Putri Ainaa Amiera Megat Mustaffa Al-Bakri.
The prosecution team comprised deputy public prosecutors Nor Azizah Mohamed, Tetralina Ahmad Fauzi, Analia Kamaruddin and Hidayat Wahab.