THE defence proceedings in the trial of Rumah Bonda founder Siti Bainun Ahd Razali, charged with neglecting and mistreating a teenage girl with Down Syndrome known as Bella, which were to begin tomorrow at the Kuala Lumpur Sessions Court, have been postponed again. 

High Court judge Collin Lawrence Sequerah postponed the hearing following an application by lawyer P.G. Cyril representing Siti Bainun, pending a decision on the prosecution’s preliminary objection to his client’s application, for a review of the charges against her. 

Today was set for the hearing of the preliminary objection and the court set January 13 for the decision. 

Deputy public prosecutor Nor Azizah Mohamad however objected to the request for the postponement by the defence. 

In the notice of motion filed on November 30 last year, Siti Bainun applied for a review of the two charges against her on grounds that Sessions Court judge Izralizam Sanusi failed to consider issues raised by the defence that the charges were defective when ordering her to enter her defence. 

She is seeking a court order to declare null and void the order by the Sessions Court made on November 24 for her to enter her defence, because he failed to assess the defects of the charges in the judgment, which was read out in open court on the same day (November 24). 

In earlier proceedings, Izralizam set January 13 for mention, following an application by deputy public prosecutor Fazeedah Faik for the prosecution to inform the court of the decision to its preliminary objection. 

 “I have no choice but to vacate the dates for the defence hearing, which has been set for tomorrow (January 5) and January 6 in accordance with the order of the High Court today, pending the decision on the preliminary objection on January 13,” said the judge. 

On December 5, Izralizam allowed an application to postpone the defence hearing as Siti Bainun was admitted to hospital for pneumonia, and on December 7, the hearing was postponed again as Siti Bainun was given sick leave for 22 days from November 28 due to health problems. 

On November 24, the court ordered Siti Bainun to defend herself on two charges of neglecting and abusing Bella, causing the girl to suffer physical and emotional hurt, after finding that the prosecution had established a prima facie case against her.

Siti Bainun was charged with committing the offences at a condominium unit in Wangsa Maju between February and June 2021. 

The charge, framed under section 31(1)(a) of the Child Act 2001 provides a maximum imprisonment of 20 years, fine of RM50,000, or both, upon conviction. – Bernama, January 4, 2023.