Siti Bainun's motion to suspend defence trial proceedings rejected

Judge Izralizam Sanusi made his ruling after Siti Bainun's counsel Nur'Aminahtul Mardiah Md Nor requested the temporary suspension as her client had failed to file a notice for a criminal review of the case decision at the High Court on Nov 25.

Izralizam in his ruling said that the motion was a misuse of court process and there was no special circumstances to suspend trial proceedings, adding that both charges were sound.

"Counsel's claim that I did not consider the charges are baseless, as my main focus while reading the decision at the end of the charge was whether a prime facie case can be proven for each charge the accused faces.

"To determine that, I need to evaluate whether both charges have elements that satisfy the needs of the law in line with the section that the accused is charged with. Therefore, the accused's motion to suspend proceedings is rejected," Izralizam said.

On Nov 24, the court ordered Siti Bainun to enter her defence on two charges after finding that the prosecution had proven a prima facie case against her at the end of the prosecution case.

Meanwhile, Izralizam allowed the defence's motion to suspend the defence proceedings that were supposed to begin today.

"Based on the letter to suspend the case trial, the accused has been admitted for pneumonia and is stad to be undergoing bile surgery as stated in the letter.

"The court has not other option when the doctor confirmed that Siti Bainun must undergo treatment for her abdoment and blood test before setting a date for the surgery. Yet this is an important case, if I'm not satisfied, I can call the doctor who signed the MC and ask for an explanation. The date for defence has long been set by the court," Izralizam said.

Nur'Aminahtul had earlier informed the court that her client was admitted to hospital on Nov 28 an a letter had been issued by the surgeon yesterday stating that Siti Bainun needed to undergo treatment tomorrow and that the date of the surgery could only be set after the treatment.

The court then set this Wednesday for case mention.

The prosecution is led by deputy public prosecutor Nor Azizah Mohamad, Zilfinaz Abbas, Zahida Zakaria, Fazeedah Faik and Shakira Aliana Alias.

Siti Bainun is charged with neglecting and abusing a 13-year-old girl with Down Syndrome till the victim suffered physical and emotional injuries at a condominium unit in Wangsa Maju between February and June 2021 under Section 31(1)(a) of the Child Act 2001 that carries a maximum of 20 years' jail or a fine of RM50,000 or both if convicted.