THE Kuala Lumpur Sessions Court today dismissed an application by Rumah Bonda founder Siti Bainun Ahd Razali to view police statements from 15 prosecution witnesses for her defence trial.

Judge Izralizam Sanusi dismissed the application on grounds that the statements were privileged documents.

“Apart from that, the statements cannot be accepted as evidence except for the purpose of challenging the credibility of witnesses under section 155 of the Evidence Act 1950 and section 113(2) of the Criminal Procedure Code and some other exceptions,” added the judge.

He also said that the witnesses offered by the prosecution were available and could be interviewed by the defence and thus, there would be no “miscarriage of justice”.

On another application by the defence to recall three of the prosecution witnesses, the judge said he needs time to deliberate the matter and ordered the defence to submit its reasons for wanting to do so. 

He said this is to ensure the bid was not a tactic to delay the hearing process. 

“The order will be made after I obtain and examine the complete list of witnesses along with the purpose and reason (by the defence) for recalling the witnesses,” he added.

The three witnesses are former resident of Rumah Bonda Yasmin Nahar Mohmood, investigating officer Rohaini Baharom from the Sexual, Women and Children Investigation Division of the Kuala Lumpur Contingent Police Headquarters, and plastic surgeon Dr Salmi Mohamed Shukur. 

Izralizam then set 25 days next year for the defence trial, from January 5 to March 30. 

Last November 24, the court ordered Siti Bainun to enter her defence on charges of neglecting and abusing a 13-year-old Down’s syndrome girl known as Bella after finding that the prosecution had succeeded in establishing a prima facie case against her at the end of the prosecution case. 

She was charged with committing the offences, resulting in the girl suffering physical and emotional injuries, at a condominium unit in Wangsa Maju between February and June last year.

The charges, framed under section 31(1)(a) of the Child Act 2001, provide imprisonment for up to 20 years, a maximum fine of RM50,000, or both, if convicted. – Bernama, December 9, 2022.