KUALA LUMPUR, May 3 — The Sessions Court here today sentenced Rumah Bonda founder Siti Bainun Ahd Razali to a total of 22 years in prison after finding her guilty of neglecting and abusing a teenage girl with Down syndrome, known as Bella.
Judge Izralizam Sanusi sentenced her to 10 years in prison for the offence of neglecting the girl and 12 years in prison for the second charge of abusing her.
However, the court ordered her to serve the sentences concurrently from today, meaning she will be serving only 12 years in jail.
The court also ordered the woman to sign a five-year good behaviour bond, with a local as a guarantor and a surety of RM5,000.
Siti Bainun, who arrived at the court complex at 8.27am and accompanied by a woman, was also ordered to carry out 200 hours of community service to be completed within six months serving her time in jail.
According to the charges, Siti Bainun was alleged to have neglected and abused a 13-year-old Down syndrome girl causing the victim to suffer physical and emotional injuries in a condominium unit in Wangsa Maju between February and June 2021.
The charge, framed under Section 31(1)(a) of the Child Act 2001, provides imprisonment for up to 20 years or a fine of RM50,000 or both, upon conviction.
Izralizam, in his judgment, said the act of neglect and abuse is a serious offence and as submitted by the prosecution, Parliament had approved the amendment to the criminal punishment by imposing a heavier punishment.
He said the previous 10-year prison sentence had been increased to 20 years, while the fine had been increased from RM10,000 to RM50,000.
“The amendment shows the intention of Parliament and the law is to ensure that severe punishment is given to offenders who commit the offence.
“The punishment that is handed down needs to reflect the seriousness of the offence committed and show the public, especially parents, guardians and babysitters, not to take the safety and welfare of children lightly,” Izralizam added.
He said the public interest factor also needed to be emphasised and in this case, the court found that Bella’s injury was a serious one that left a scar on her.
“It not only left a scar in her but also physically. She was not only neglected by the accused to the extent that she suffered serious injuries but the accused was also found to be involved in abusing Bella.
“The accused’s actions towards Bella are cruel and she needs to be given a severe punishment to teach a lesson not only to the accused but also to the community that this kind of crime should not be condoned.
“The accused is a social activist who is often involved with children. The accused should have shouldered the responsibility as best as possible and not violate the trust given,” said the judge.
Earlier during mitigation, Siti Bainun’s lawyer, Mohammad Farhan Maaruf, requested for a lighter sentence on the grounds that his client could change and should be given a second chance.
“If a long prison sentence is imposed on the accused, it will prejudice the mothers who depend on her. The facilities in the prison also cannot accommodate the physical condition of the accused because of her large size and health problems,” he said.
Mohammad Farhan requested the court to replace the prison sentence with the maximum fine for both charges against his client.
“Throughout the trial, the accused has shown that she is a responsible person in which she has never failed to appear in court because of unreasonable reasons.
“I also request the court to take into account that the accused is active in charity and volunteer work, besides considering that this is the accused’s first offence,” he said.
Meanwhile, deputy public prosecutor Zahida Zakaria said the accused had been convicted of a very serious offence of neglecting and abusing a child with disabilities.
“A vulnerable and helpless child needs society and the law to protect their interests. The punishment must reflect the seriousness and gravity of the offence as a lesson to the public, especially parents, not to take children’s safety for granted,” he said.
Zahida said the injuries suffered by Bella were serious with almost all of her body having burn scars, with some to remain for life.
“It not only invites physical injury but also affects the victim’s emotions. The accused has been given a court order to care and look after Bella but she has abused the trust given to her by neglecting and ill-treating Bella,” she said.
Meanwhile, Izralizam dismissed Siti Bainun’s application for a stay of the execution of the prison sentence pending her appeal at the High Court.
The judge said Siti Bainun could not show special and exceptional circumstances for the court to allow a stay of the execution of her prison sentence.
“The accused was found guilty in this court and there is no reason for me to suspend the prison sentence imposed on her. The factor that she is taking care of her mother is a personal matter.
“The filing of an appeal by the defence attorney is not a justification to allow the application by the accused. In this case, justice can best be served through the immediate execution of the sentence.
“Therefore, the accused’s application (for stay) is dismissed and the court ordered her to serve the prison sentence immediately,” he said.
Siti Bainun, who appeared calm throughout the proceedings, will be sent to Kajang Prison to serve the sentence.
— Bernama
