KUALA LUMPUR, May 3 — Rumah Bonda founder Siti Bainun Ahd Razali was today convicted of two charges of neglecting and abusing a 13-year-old girl with Down Syndrome known as Bella two years ago.
Sessions Court Judge Izralizam Sanusi said the defence had failed to cast reasonable doubt against the prosecution's case.
He said the court had found the accused's defence testimony to be unacceptable and untenable as it was mere afterthought.
"I have decided that the prosecution has successfully proved their case beyond reasonable doubt and therefore I now find the accused guilty and convict them on the first and second charges,” he said in reading out the verdict to a packed courtroom.
He sentenced Siti Bainun to 10 years’ jail for the first charge, and 12 years’ jail for the second charge on top of completing 200 hours of community service after serving her prison sentence.
The jail sentences are to run concurrently from the date of her conviction today, which means Siti Bainun only needs to serve 12 years in prison.
In his judgment, Izralizam referred to an incident at an apartment in which Bella, was said to have been scalded by hot water from a thermos flask, but observed that the injuries did not match those caused by an accident.
He said the medical specialists called to testify in court were in agreement that the multiple injuries Bella suffered did not happen by accident and occurred over a period of time.
"They confirmed the injuries did not originate from one incident alone.
"There were many injuries on the victim's body including body scars which further suggested they were non-accidental and took place on multiple occasions since some have already healed,” he said.
The judge said Siti Bainun did not attempt to rebut the specialists’ testimonies which clearly disproved her allegations that the injuries Bella faced happened by accident.
Siti Bainun’s lawyer Mohammad Farhan Maaruf pled for a lighter sentence, saying his client felt remorse for her actions and wanted a second chance.
"We have to also consider her social standing, which is the accused's active social involvement in charity activities and events,” he said.
Mohammad Farhan who asked for the minimum jail term also said his client had obesity and added that her health would worsen as the existing prison facilities were not equipped to handle her health issues.
The prosecutor argued that the sentence must reflect the seriousness and gravity of Siti Bainun’s offence.
They urged the judge to impose a heavier punishment as a deterrent and to send a message that abuses and neglect of children would not be tolerated.
The judge said he took note of their arguments before deciding on the sentence.
Siti Bainun was accused of committing the offence at a condominium unit in Wangsa Maju between February and June 2021.
The charges were framed under Section 31(1)(a) of the Children’s Act 2001 which carries a maximum of 20 years’ imprisonment or a fine of RM50,000 or both if convicted.
She was ordered to enter her defence last November 24.
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