Zayn Rayyan’s Mother Should Have Been Fined, Not Imprisoned for Five Years – Lawyer

SHAH ALAM: The lawyer representing the mother of the late Zayn Rayyan Abdul Matin told the High Court here yesterday that, Ismanira Abdul Manaf should have been fined and not imprisoned for five years for neglecting the autistic child, three years ago.

Lawyer, Lavanesh Haresh who represented Ismanira, 31, as the appellant, said this when arguing in the appeal to set aside the conviction and five‑year prison sentence against his client before Judge, Noor Hisham Ismail.

He said, the custodial sentence imposed on the mother of two children was rather excessive.

He said, Ismanira is a first‑time offender and gave full cooperation throughout the investigation and trial.

“There was no witness who portrayed her as a violent person or a mother who did not love her eldest child.

“The alleged negligence only occurred for a few seconds, and she even turned back immediately to search for the child,” he said, who was present with lawyers Haijan Omar, Tiara Katrina Fuad and Haresh Mahadevan.

Lavanesh said, the appellant has lost that special child, while her second child was also found to be autistic, thus requiring care from a mother.

He said, the prosecution as the respondent failed to prove that the five‑year prison sentence was insufficient, therefore their appeal regarding the sentence should be dismissed.

However, Deputy Public Prosecutor, Raja Zaizul Faridah Raja Zaharudin said, the Sessions Court Judge had taken into account and considered the appellant’s plea before sentencing her.

Noor Hisham then quoted the defence’s argument that, the mother of two children had suffered anguish following the loss of that heavenly child, coupled with the ordeal behind bars.

In response to that, Raja Zaizul Faridah said, the reason that the accused is a family member of the neglected child should not be made a factor to reduce the sentence.

“If the accused is a parent or relative of the victim, if charged and found guilty, that matter cannot be used as a measure for the quantum of punishment.

“Therefore, the respondent prays that the court imposes a sentence that serves as a lesson to others and to the appellant herself,” she said, who was present with Deputy Public Prosecutors Aqharie Durranie Aziz, Kamarul Iman Ahmad Sapian and Ahmad Iqbal Azman.

On December 6, 2023, Zayn Rayyan was found dead in a stream near the Idaman Apartment area, Damansara Damai, here at 10 pm.

The victim was previously reported missing before being found lying approximately 200 metres from his residential block.

Following that, on June 13, 2024, Ismanira and her husband, Zaim Ikhwan Zahari, 31, were charged in the Petaling Jaya Sessions Court on one joint charge of being persons having custody of their child, Zayn Rayyan, 6, and having neglected him in a manner likely to cause physical injury.

However, at the end of the prosecution’s case on July 21, 2025, Judge, Dr Syahliza Warnoh discharged and acquitted Zaim Ikhwan from the charge without needing to enter his defence.

Meanwhile, on October 31 of the same year, the court ordered Ismanira to be sent to Kajang Women’s Prison immediately to serve a five‑year prison sentence after being found guilty of neglecting the unfortunate child.

According to the amended charge, Ismanira was charged as a person having custody of Zayn Rayyan and had neglected him in a manner likely to cause physical injury.

The offence was allegedly committed in the area of Block R, Idaman Apartment, Damansara Damai up to the nearby river area, between 12 noon, December 5, 2023 and 9.55 pm the following day.

The charge was framed under Section 31(1)(a) of the Child Act 2001 and is punishable under Section 31(1) of the same act which carries a fine not exceeding RM50,000 or imprisonment not exceeding 20 years or both, upon conviction.

Astro Awani