Siti Bainun Loses Final Appeal 12 Year Sentence Upheld For Abusing Bella

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The Court of Appeal has dismissed Rumah Bonda shelter founder Siti Bainun Ahd Razali’s final appeal over her conviction and 12-year jail sentence for abusing and neglecting a teenage girl known as Bella in 2021.
The panel of three judges, led by Azman Abdullah, found that there is no reason to disturb the Kuala Lumpur Sessions Court’s finding in convicting her two years ago, which was affirmed by the High Court last year.
The judges found that the Sessions Court and High Court’s previous decisions were concurrent findings of fact.
“It cannot be denied that the injuries suffered by Bella, a 13-year-old disabled person at the time of the incident, could not stand on their own as it is supported by eye-witness testimony, as well as evidence by medical experts (during trial).
ADS“These witnesses stated that the injuries were not non-accidental and self-inflicted injuries, and they did not result from a single incident but were sustained over several incidents over a certain period.
“This could be seen in Bella’s medical report and pictures of her injuries as exhibited which clearly showed that she suffered serious injuries on both her lower arms, old wounds on her face, left side of her neck, back of her body, her right thigh and some of them were caused by burns and scalds,” said Azman in reading out the panel’s judgment.
The judges unanimously found that there was no error in terms of fact or law made by the previous courts in maintaining Siti Bainun’s conviction.
“The prosecution has proven its case beyond a reasonable doubt.
“Following this, the conviction on both charges are safe and the appeal dismissed,” said Azman.
The panel also maintained her 12-year jail sentence.
Presiding together with Azman today were Azmi Ariffin and Hayatul Akmal Abdul Aziz.
Siti Bainun’s defence team was led by lawyers Haijan Omar, Nurul Hafidzah Hassan, Nur Aminahtul Mardiah Md Nor, Asyraaf Abu Bakar Hamzah, Tun Laila Tun Rafaee, and Putri Ainaa Amiera Megat Mustaffa Al-Bakri.
The prosecution consists of deputy public prosecutors Nor Azizah Mohamed, Tetralina Ahmad Fauzi, Analia Kamarudin, and Muhammad Hidayat Wahab.
Lawyers’ withdrawal from case
Earlier, Haijan submitted that Siti Bainun’s rights to a fair trial were deprived when she took the stand to defend herself, under oath, unrepresented, as her five lawyers withdrew due to scheduling issues.
He also submitted that Siti Bainun’s rights were prejudiced when the judge amended the charges from Section 31(1) to Section 31(1)(a) in his judgment, as this amendment was not read to the accused for her to enter her plea.
ADSHowever, Azizah rebutted that the Sessions Court had used its discretion to grant several adjournments to Siti Bainun, for her to appoint a new lawyer, and that the amendment was a minor one, given that the element under the provision has been the heart of Siti Bainun’s charges all along.
To this, the panel found that the amendment was not something that could prejudice Siti Bainun or cause a miscarriage of justice.
“The amendment is only to insert the word ‘(a)’ in Section 31(1) of the Children’s Act, which is an element of the charge that already exists in the charge.”
New evidence bid dismissed
Before hearing the substantive appeal, the panel dismissed Siti Bainun’s attempt to adduce new evidence in her final appeal, after the court found no exceptional circumstances to grant the application.
The accused had applied to adduce Zayn Rayyan Abdul Matin’s mother Ismanira Abdul Manaf’s police report and one of the prosecution’s key witness’ testimony as her new evidence.
She claimed parts of the police report were an allegation against her that was related to the key prosecution witness’ evidence.
Siti Bainun was charged in 2021, under Section 31(1)(a) of the Child Act 2001, with neglecting and abusing Bella, who has Down Syndrome, to the point that she suffered physical and emotional injuries, at a condominium in Wangsa Maju, Kuala Lumpur, between February and June 2021.
In 2023, the Kuala Lumpur Sessions Court sentenced Siti Bainun to a 10-year jail term after finding her guilty of neglecting Bella, and 12 years of jail for abusing the victim, who was 13 years old during the abuse.
Judge Izralizam Sanusi ordered that the jail terms be served concurrently.
In his judgment, Izralizam said Siti Bainun not only neglected Bella to a point of serious injuries, but it was also proven that the teenager’s legal guardian was involved in abusing her.
He ordered the 33-year-old to sign a good behaviour bond for five years, with one surety and RM5,000 collateral, as well as to serve 200 aggregate hours of community service within six months after she finishes her jail time.
In May last year, the High Court upheld Siti Bainun’s conviction and sentences after finding there was no reason to disturb the lower court’s decision. - Mkini

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