Kuala Lumpur: The High Court here Friday dismissed Rumah Bonda founder Siti Bainun Ahd Razali’s application for a revision of the Sessions Court’s decision for her to enter defence on charges of neglecting and abusing 13-year-old Down syndrome girl known as Bella.
Judge Datuk Collin Lawrence Sequerah made the ruling after allowing the prosecution’s preliminary objection against Siti Bainun’s application.
The judge also rejected an application by Siti Bainun’s lawyer P.G. Cyril to postpone the defence proceedings pending an appeal against today’s verdict at the Court of Appeal.
Therefore, Siti Bainun, 31, has to enter her defence on Jan 16 after the proceedings had been postponed several times.
In the application filed on Nov 30 last year, Siti Bainun sought an order to declare the Sessions Court’s Nov 24th ruling as null and void and applied for a review of the two charges against her on grounds that the Sessions Court judge failed to consider issues raised by the defence that the charges were defective when ordering her to enter defence.
Meanwhile, at the Sessions Court, Judge Izralizam Sanusi set Siti Bainun’s defence trial to begin on Jan 16, after Deputy Public Prosecutor Zilfinaz Abbas informed the court about the High Court’s decision Friday.
“I allow 16 defence witnesses to testify at this trial comprising 11 defence witnesses including the accused, four witnesses offered by the prosecution and one prosecution witness who is called back to testify. The accused (Siti Bainun) will be the first witness to testify,” said Izralizam.
Lawyer M. Yallini, representing Siti Bainun, said the defence had filed the list of witnesses and Siti Bainun’s witness statement Thursday.
On Jan 4, Judge Sequerah postponed the defence proceedings which had been set for two days from Jan 5 pending a decision on the prosecution’s preliminary objection scheduled today.
On Dec 5, Izralizam allowed the same application to postpone the defence proceedings that were supposed to begin on the same day due to Siti Bainun’s admittance to the hospital for pneumonia.
The proceedings were postponed again on Dec 7 when she was issued with sick leave for 22 days due to health problems.
Siti Bainun is charged with neglecting and abusing the 13-year-old girl till the victim suffered physical and emotional injuries at a condominium unit in Wangsa Maju between February and June 2021 under Section 31(1)(a) of the Child Act 2001 that carries a maximum of 20 years in jail or a fine of RM50,000 or both if convicted.
