Defence hearing of Rumah Bonda founder postponed again

KUALA LUMPUR: The defence proceeding in the case of Rumah Bonda founder Siti Bainun Ahd Razali who is charged with neglecting and mistreating a teenage girl with Down syndrome, known as Bella, which has been set for two days from tomorrow at the Sessions Court, has been postponed again.

High Court Judge Datuk 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 is set for the hearing of the preliminary objection and the court set Jan 13 for the decision.

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

In the notice of motion filed on Nov 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 as null and void the order by the Sessions Court made last Nov 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 (Nov 24).

Meanwhile, in the proceeding before Izralizam set Jan 13 for mention following an application by DPP 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 (Jan 5) and Jan 6 in accordance with the order of the High Court today pending the decision on the preliminary objection on Jan 13," said the judge.

Last Dec 5, Izralizam allowed an application to postpone the defence hearing as Siti Bainun was admitted to hospital for pneumonia, and on Dec 7, the hearing was postponed again as Siti Bainun was given a sick leave certificate (MC) for 22 days starting Nov 28 due to health problems.

Last Nov 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 injuries, 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 provides a maximum imprisonment of 20 years or a fine of RM50,000 or both if convicted.

-- BERNAMA