Court dismisses stay of jail sentence, Siti Bainun sent to Kajang Prison

Judge Izralizam Sanusi said there are no special and exceptional circumstances for the court to allow a stay of the execution of the prison sentence.

"The accused was found guilty in this court and there is no reason for me to stay the prison sentence handed down against her. The factor that the accused is taking care of her mother is a personal matter.

"In this case, justice can best be served through the execution of the sentence immediately and therefore, the accused's application is dismissed and the court orders the accused to serve the prison sentence immediately," he said.

Earlier, he sentenced Siti Bainun to a total of 12 years in prison after finding her guilty of neglecting and abusing a teenage girl with Down syndrome, known as Bella.

Siti Bainun, 31, clad in soft yellow blouse and black pants, was seen to be calm when the court handed down the sentence.

In the application for the stay, her lawyer, Mohammad Farhan Maaruf, said that his client had never been convicted of any criminal offence and that this case was her first.

"She has never breached any bail conditions and there is no risk of her fleeing since her passport has been surrendered to the court.

"My client was also given high bail amounting to RM17,000 and she always attended the proceedings. If the stay is not allowed, then my client's appeal to the High Court will be futile and the status quo of the accused will not be able to be maintained at all since the accused will have to serve the sentence first," said the lawyer, adding that his client also had health problems.

Meanwhile, deputy public prosecutor Zahida Zakaria said there are no special and extraordinary circumstances for the court to allow the application.

"The accused has been temporarily released on bail since the beginning of the prosecution and only after the court convicted her, that she was sentenced to prison, So, we request that the stay application be dismissed," she said.

Another deputy public prosecutor prosecuting the case, Nor Azizah Mohamad, said the lawyer's argument that his client had to support a sick mother cannot be used as a special factor because it was not the mother who is the accused, but Siti Bainun.

"The lawyer's reasoning stated that the accused was active in charity work, but in this case, it was proven that she was using charity work as a cover...and on the issue of health problems, medical facilities in Malaysian prisons are available at all times," she added.

Izralizam sentenced Siti Bainun to 10 years in prison for neglect and 12 years in prison for abusing Bella, but she only had to serve 12 years in prison as the jail sentences were ordered to be served concurrently from today.

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.

According to the charges, Siti Bainun was charged with neglecting and ill-treating the 13-year-old Down syndrome 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.

After the court handed down the decision, several members of Siti Bainun's family who were in the public gallery were seen hugging one another and crying.