The High Court in Shah Alam has set March 4 to deliver its decision on the notice of motion filed by Zayn Rayyan Abdul Matin's parents to strike out a child neglect charge, allegedly by placing their son at risk of physical harm.
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NewsTranscript
00:00The High Court in Shah Alam has set March 4 to rule on a motion filed by Zayn Rayyan
00:07Abdul Matin's parents to strike out a child neglect charge for allegedly placing their
00:12son at risk of physical harm.
00:15Judge Rosianayati Ahmad fixed the date on Tuesday after hearing arguments from both
00:20the defense and prosecution on the charge's validity.
00:23Defense counsel Marcus Lee, representing Zayn's parents, Zayim Ikhwan Zahari and Ismanira
00:29Abdul Manaf, argued that the charge under Section 31, subsection 1 of the Child Act
00:352001, was flawed and did not meet the requirements of Section 154 of the Criminal Procedure Code
00:43– CPC.
00:44He contended that unlike murder charges, which do not always specify the method of killing,
00:51neglect cases under Section 31 require a subjective assessment of whether the alleged neglect
00:57was likely to cause harm.
00:59Lee also claimed that the charge's wording, in a manner likely to cause harm, merely repeated
01:05the law without specifying the actual act of neglect, making it difficult for his clients
01:11to mount a proper defense.
01:13However, Deputy Public Prosecutor Raja Zayzul Farida Raja Zaharuddin countered that the
01:19charge was not defective and complied with Sections 152 and 153 of the CPC.
01:26She explained that under Section 31, subsection 1, subsection A of the Child Act 2001, the
01:32prosecution only needs to prove that the victim was a child under 18, that the accused had
01:38custody of the child, and that the accused neglected the child, resulting in physical
01:43or emotional harm.
01:45She argued that the charge correctly followed the legal provisions, including the term likely,
01:51which is explicitly stated in the statute.
01:54She also pointed out that the trial in the Sessions Court is already underway, with twenty
01:59witnesses called, and at least ten more expected to testify in March.
02:05Raja Zayzul dismissed the defense's claim that the charge was vague, arguing that if
02:10it were truly unclear, the defense would not have been able to effectively cross-examine
02:16prosecution witnesses.
02:19In December 2023, six-year-old Zain Rayan was reported missing in Damansara Damai, Selangor.
02:26The autistic boy's body was found the next day in a nearby stream, with autopsy results
02:32indicating injuries consistent with self-defense.
02:36His parents were charged in June 2024 under Section 31, subsection 1, subsection A of
02:42the Child Act, but pleaded not guilty.
02:45They filed a motion on January 21 to dismiss the charge, which the Petaling Jaya Sessions
02:52Court rejected on February 3.
02:55The trial continues, with the next session set for March 11.