SHAH ALAM: The High Court here today fixed Sept 28 for a decision on the appeal by Ismanira Abdul Manaf, the mother of Zayn Rayyan Abdul Matin, to overturn her conviction and five-year prison sentence for neglecting her six-year-old autistic son.
Justice Noor Hisham Ismail set the date after hearing submissions from both sides, including the prosecution’s cross-appeal against the sentence imposed on Ismanira, 31, Bernama reported.
Earlier, one of Ismanira’s lawyers, Lavanesh Haresh, submitted that the court should allow the appeal and overturn the conviction and sentence, arguing that the five-year prison term was excessive.
“This was 60 seconds of neglect. I would strongly pray that a fine would be more than adequate. If my Lord allows the appeal, I would, in the alternative, seek a fine. This is like a second punishment. The first was the loss of the child,” he was quoted as saying.
Also appearing for Ismanira were Haresh Mahadevan, Tiara Katirina Fuad and Haijan Omar.
Lavanesh said Ismanira had served 10 months in prison, and asked the court to take the period into account if a fine was imposed.
In the appeal petition, the defence also argued that the sessions court judge had erred in finding that the injuries sustained by Zayn after his disappearance were caused by Ismanira allowing him to walk behind her.
The defence further argued that the court had erred in relying on the conclusion of a senior police investigating officer that Ismanira’s actions constituted neglect.
The prosecution argued that Ismanira’s conviction and five-year prison sentence were appropriate, but sought a heavier sentence to serve as a deterrent.
Raja Zaizul Faridah submitted that the sentence should take into account the deterrent aspect and not be viewed solely based on the relationship between the appellant and the victim.
“We do not want this scenario to become a precedent in future cases where the perpetrator is someone who cares for the victim or is close to them, such as a parent, and a lenient sentence is imposed on mitigating grounds.
“We do not want this court to set a benchmark that, in this scenario, a heavier sentence need not be imposed. For this reason, the prosecution is still proposing and requesting that it serves as a deterrent and sends a message to others not to commit such offences,” she said.
Also appearing for the prosecution were Ahmad Iqbal Azman, Kamarul Iman Ahmad Sapian and Aqharie Durranie Aziz.
Ismanira was sentenced to prison in 2025.
Zayn’s body was found in a stream near his home on Dec 6, 2023, a day after he was reported missing.
