THE High Court in Kuala Lumpur today dismissed Rumah Bonda founder Siti Bainun Ahd Razali’s application for child abuse charges against her declared null and void, ruling that she must enter a defence in her ongoing trial.
Judge Collin Lawrence Sequerah made the ruling after allowing the prosecution’s preliminary objection.
The judge also rejected an application by Siti Bainun’s lawyer P.G. Cyril to postpone the defence proceedings pending an appeal.
Therefore, Siti Bainun, 31, has to enter her defence on January 16, after numerous delays.
In the application filed on November 30 last year, Siti Bainun sought an order to declare the Sessions Court’s November 24 ruling null and void.
She also 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.
Meanwhile, at the Sessions Court, Judge Izralizam Sanusi set Siti Bainun’s defence trial to begin on January 16, after Deputy Public Prosecutor Zilfinaz Abbas informed the court about the High Court’s decision today.
“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,” Izralizam said.
Lawyer M. Yallini, representing Siti Bainun, said the defence had filed the list of witnesses and Siti Bainun’s witness statement yesterday.
On January 4, Judge Sequerah postponed the defence proceedings, which had been set for two days from January 5, pending a decision on the prosecution’s preliminary objection.
On December 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 hospital for pneumonia.
The proceedings were postponed again on December 7 when she was issued with sick leave for 22 days due to health problems.
Siti Bainun is charged with neglecting and abusing a 13-year-old Down’s Syndrome girl at a condominium unit in Wangsa Maju between February and June 2021, under section 31(1)(a) of the Child Act 2001.
She faces a maximum of 20 years in prison, a fine of RM50,000 or both if convicted. – Bernama, January 13, 2023.
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