I take care of the girls upon my late mother's request - witness

A witness told the Syariah High Court here today that her late mother had asked her to take care of the two children who lost their parents in a fatal accident at the Duta-Ulu Kelang Expressway in May last year.

Yusnidah Husain, 48, who is the aunt of the two children, said her mother, Normah Toso, had asked her to take care of the children as other members of the family were preoccupied with other matters.

"The defendant's family and also my family had agreed that (after the accident) the children will be put under my mother's care, and my mother asked me to help take care of them as the situation was quite hectic and nobody seems to care about the children's wellbeing.

"Hamrizal Husain (my younger brother) was busy managing matters concerning the deceased's insurance, while Muhammad Faizznur Asyraf Husain (my youngest brother) was busy preparing for his wedding reception.

"The defendant, Wirda Syamsuddin, 53, (the children's maternal grandmother) left the country to perform umrah just four days after the accident," she said.

Yusnidah, as the plaintiff, said this when asked by syarie counsel Mahyuddin Md Zahari who represented her in the hadanah (right to custody) claim for Nur Firuza Amira Fairuz Nizam, 8, and Nur Firuza Aqila Fairuz Nizam, 4.

She filed the claim of hadanah on June 2, 2015, under Section 81 of the Islamic family Law (Federal Territories) 1984, and named Wirda, the children's maternal grandmother as the defendant.

On Aug 11 the same year, the court granted temporary custody of the children to her.

On May 2, Yusnidah's brother, Fairuz Nizam Husain, 35, his wife Nova Safitri Azhari, 27, and their six-month-old baby girl Nur Firuza Annisa, were killed in an accident involving several MyVi cars.

They leave behind their two elder daughters Nur Firuza Amira and Nur Firuza Aqila.

In her testimony, Yusnidah said all her other siblings were aware of the fact that she was entrusted by their mother to take care of the girls and that they had no objection.

She said only in two occasions did the defendant come to visit the children this year, namely on the public holiday in conjunction with the Yang di-Pertuan Agong's birthday and on the 10th day of Aidilfitri.

She also told the court that the defendant had never contacted her before coming to visit her granddaughters.

The trial before Syarie judge Muhamad Abdul Karim Wahab continues on Jan 11, 2017.

The defendant was represented by syarie counsel Yusfa Hanis Yusoff. -- BERNAMA