PUTRAJAYA: The Court of Appeal today upheld the 12-year prison sentence against Rumah Bonda founder Siti Bainun Ahd Razali for neglecting and abusing a teenage girl with Down syndrome.
The case involved Bella, who was 13 years old at the time of the abuse four years ago.
A three-member panel dismissed Siti Bainun’s final appeal against her conviction and sentence.
The panel comprised Justices Datuk Azman Abdullah, Datuk Azmi Ariffin, and Datuk Hayatul Akmal Abdul Aziz.
The Kuala Lumpur Sessions Court had originally sentenced Siti Bainun on May 3, 2023.
Sessions Court Judge Izralizam Sanusi found her guilty of two counts of neglect and abuse.
Siti Bainun was charged with neglect and abuse causing physical and emotional injury to the victim at a condominium unit in Wangsa Maju between February and June 2021, under Section 31(1)(a) of the Child Act 2001, which carries a maximum sentence of 20 years imprisonment, a fine of RM50,000, or both.
Delivering the unanimous decision, Justice Azman said the court found no errors of fact or law in the High Court judge’s findings, which had been based on the detailed conclusions of the Sessions Court judge.
“After considering all testimonies from both the prosecution and the defence, we find that the prosecution has proven its case on both charges beyond reasonable doubt, and the appellant (Siti Bainun) has failed to raise any reasonable doubt against the prosecution’s case. Therefore, the conviction is safe to be upheld. The appeal against conviction is dismissed,” he said.
Justice Azman, who upheld the prison sentence, said the victim (Bella) had suffered injuries while under Siti Bainun’s care.
“The appellant, who was entrusted with the care of the victim, should have shown compassion towards her as a person with disabilities. Even animals would not inflict injuries such as those caused to the victim,” he said.
In his judgement, Justice Azman said it was undeniable that Bella, a 13-year-old with disabilities at the time of the incident, had sustained injuries, and her testimony was corroborated by eyewitness Yasmin Nahar Mahmood, the fifth prosecution witness (PW5), and PW8, a legal research officer at a law firm, Suhana Zam.
“Through the testimonies of several officers and medical experts such as PW2 (Dr Meenambigai PK Sevarajah), PW3 (HKL paediatrician Dr Nizam Malik Bali Mohamed), PW4 (HKL medical officer Dr Sheshadri Sridar), and PW15 (HKL plastic surgeon Dr Salmi Mohamed Shukur), these witnesses stated that Bella’s injuries were not accidental or self-inflicted and did not result from a single incident but occurred over several incidents during a period of time.
“Based on medical reports and photographs of the injuries, it is clear that the victim suffered serious harm, including burns on both underarms and old scars on the head, face, left neck, back, abdomen, and right thigh, some of which were burn and scald marks,” he said.
Regarding inconsistencies in PW5’s testimony raised by the appellant’s lawyer, he said the court found no motive for the key prosecution witness to harm the appellant, as she had merely acted on the appellant’s instructions.
“They were ordinary inconsistencies and not material issues that could undermine the prosecution’s case, and in no way affect PW5’s credibility as a reliable witness,” he said.
Earlier, Deputy Public Prosecutor Nor Azizah Mohammad urged the court to uphold the 12-year prison sentence, noting that the charges faced by Siti Bainun were serious.
“Looking at the facts of the case, Bella is a disabled teenager who was abused and neglected by the appellant, who was supposed to care for her but instead caused her harm. The injuries were not minor… the victim sustained wounds that may heal, but the scars and trauma will remain for life,” she said.
Lawyer Mohd Haijan Omar said Siti Bainun was convicted on May 3, 2023, and had been in prison for over two years. He applied for a reduction in the sentence on the grounds that his client had no prior criminal record and that the victim’s injuries were not serious.
In the same proceedings, the court also rejected Siti Bainun’s application to adduce new evidence in her final appeal.
Siti Bainun had sought to call Ismanira Abdul Manaf, mother of Zayn Rayyan Abdul Matin, to testify regarding a police report made by her on July 25 last year involving Yasmin, and sought to recall PW5 for further examination concerning the report.
In addition to her prison term, the court ordered Siti Bainun to sign a five-year good behaviour bond with one surety and a RM5,000 deposit and perform 200 hours of community service within six months of her release from prison. The High Court upheld her conviction and sentence on May 2, 2024. – Bernama