The law firm representing Rumah Bonda shelter founder Siti Bainun Ahd Razali claimed to have been kept in the dark over her transfer from Kajang prison to Sungai Udang prison in Malacca yesterday.
The Chambers of Aminahtul Mardiah claimed that they only learned about the transfer yesterday, with no reasons given.
“We received a call around 9.50am yesterday, informing us that our client was taken to the Kajang Prison’s registration office on Monday, where she underwent the Fit to Travel examination and was suddenly transferred to Sungai Udang prison in Malacca yesterday.
“There were no applications for transfer made by any party, including her family, lawyer or our client herself, because her family are all located in Kuala Lumpur and Selangor.
“(Even) Siti Bainun herself receives external treatment for her health issues in Kajang Hospital,” said the firm in a statement today.
They said they inquired with Kajang Prison’s management, but only received a reply letter, which they claimed did not even state any reason behind the transfer or whether it had gone through the transfer process as stated under the Prison Act 1995 provisions.
They added that prisoners’ transfer from one prison to another is allowed under the Act and related regulation, and is commonly decided by the Prison Department or with the Home Minister’s approval.
“Usually, these transfers are done based on the prison officer’s proposal, if there is a need to do so, such as for the prisoners’ safety, security, overcrowding issues or if they require better health treatment elsewhere.
“It can also be done at the court’s request for the prisoner to be closer to the court for their case, or the prisoner’s family can file a written application for such transfer.
“The prison superintendent will then submit their recommendation report to the Prison Department.
“The department’s director-general has the authority to approve the transfers in normal cases, and the home minister will be involved if there are special or sensitive issues involved,” the firm said.
The firm emphasised their claims that they were never informed of any application nor justification made prior to Siti Bainun’s transfer, even at the present time.
Mulling actions
Siti Bainun’s lawyer Asiah Abd Jalil told Malaysiakini that the firm is considering filing a formal complaint to the Home Minister, the Prison Department’s director-general and the Kajang Women’s Prison director.
“We will be seeking a written explanation on why she needs to be transferred, and if there is no reply, or a ridiculous reason given, we will file a judicial review against these parties in court,” said Asiah.
Siti Bainun has been serving her jail term since 2023, right after the Sessions Court judge Isralizam Sanusi convicted her of offences under Section 31(1)(a) of the Children’s Act 2001 for abusing and neglecting Bella, a teenager with Down Syndrome.
She was sentenced to 10 years of jail for neglect and 12 years for abuse, where the court ordered her to serve the sentence 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, in 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.
Both the High Court and the Court of Appeal upheld Isralizam’s decision in May last year and Aug 14 this year, respectively. - Mkini
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