Lawyer Fatin Syaza Irdina Muhamad Eddin Syazri, representing Siti Bainun, 32, informed the three-judge panel of the Court of Appeal here that her client would be filing a new application for a stay of execution at the High Court.
"Therefore, we have been instructed by our client, as the appellant, to withdraw the notice of appeal," she said.
Deputy Public Prosecutor Datin Asmah Musa did not object to the withdrawal of the appeal.
Judge Datuk Ahmad Zaidi Ibrahim, sitting with Judge Mohamed Zaini Mazlan and Datuk Azmi Ariffin, then struck out the appeal.
On May 2, High Court Judge Datuk Noorin Badaruddin upheld the conviction and 12-year prison sentence against Siti Bainun after rejecting her appeal to set aside the conviction and sentence ruled by the Kuala Lumpur Sessions Court in May 2023.
Siti Bainun will now file a new application for a stay of execution before Judge Noorin.
On May 3, 2023, Sessions Court Judge Izralizam Sanusi ordered Siti Bainun to be sent to the Kajang Prison to serve an immediate 12-year prison sentence after dismissing her application to stay the sentence.
The court also ordered the woman to sign a five-year good behavior bond with a local as a guarantor and a surety of RM5,000, as well as to carry out 200 hours of community service to be completed within six months after serving her time in jail.
Siti Bainun was charged with neglecting and ill-treating the 13-year-old girl causing the victim to suffer physical and emotional injuries in 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 imprisonment for up to 20 years or a fine of RM50,000 or both, upon conviction.
-- BERNAMA
