Bella abuse case: Siti Bainun to stay in jail pending appeal

 

The High Court in Kuala Lumpur denied an application by Siti Bainun Ahd Razali to stay the execution of her 12-year jail sentence in a child abuse case involving a teen with Down syndrome known as Bella.

Judge Ahmad Bache this afternoon dismissed the bid by the founder of Rumah Bonda pending disposal of her appeal, ruling that she failed to prove special and exceptional circumstances.

Siti Bainun's appeal (now pending before the High Court in Kuala Lumpur) is against a May 3 decision by the Sessions Court in Kuala Lumpur, which found her guilty of two counts of neglecting and abusing Bella, 13.

Trial judge Izralizam Sanusi imposed 10 years’ jail sentence for the first charge, and 12 years’ jail for the second charge, with the custodial sentence to run concurrently.

During open High Court proceedings, Ahmad ruled that the nine grounds filed by the 31-year-old applicant do not amount to special and exceptional circumstances.

The reasons she cited are that she had filed an appeal, that this is her first offence, that there is no risk of her absconding if released on bail during the appeal process, that she has health problems, that she needed to look after her elderly mother, that she is active in charitable activities, that she is a woman, that she needed to care for a boy who is not her son, and that the appeal has merit as it involved complex issues.

Very serious

The judge pointed out that the presumption of innocence is gone as Siti Bainun has already been found guilty by the lower court.

Ahmad said he had perused the lower court’s broad grounds of judgment and noted that the trial judge found that the abuse case was very serious.

Touching on the cited reason of health, the judge noted that the Kajang Women’s Prison has sufficient facilities to handle any health issues that Siti Bainun may face.

Ahmad also said her reason that she is involved in charitable activities is not acceptable because there are plenty of other volunteers ready to help out in charitable activities even if she is in custody.

He also noted that her appeal would come up soon anyway before the High Court, namely for mention on June 15.

Defence counsel Ahmad Faiz Munawar appeared for Siti Bainun, while the prosecution was represented by deputy public prosecutor Zilfixaz Abbas. - Mkini