High Court dismisses Siti Bainun’s appeal
KUALA LUMPUR: Rumah Bonda founder Siti Bainun Ahd Razali will remain in jail after the High Court yesterday rejected her appeal against a conviction for abusing and neglecting Bella, her adopted daughter with Down’s syndrome, three years ago.
Judge Datuk Noorin Badaruddin upheld the Sessions Court’s 12-year jail sentence against Siti Bainun, 32, in May last year.
“This court finds no reason to disturb the findings of the Sessions judge’s conviction and sentence meted out on the appellant (Siti Bainun). It is safe and maintained.
“The judge did not err in his decision. This appeal is dismissed,” she said in her ruling.
The judge said the court did not find any evidence that Siti Bainun was confused about the charges against her, which made her unable to defend herself properly.
The judge said Siti Bainun was given enough notice on the charges put to her from the beginning and she was able to understand the nature of the case.
“The appellant knew, was not confused and understood that the charges against her were of abuse and neglect, in which she caused physical and emotional injuries on the victim (Bella).
“This court did not find any failure of justice that prejudiced the appellant, whether it was before the trial and also when the Sessions judge amended the second charge against her at the end of the prosecution’s case.
“There is no error on the part of the Sessions judge in his findings and that the prosecution had successfully proved a prima facie case against the appellate.
“All elements that needed to be proven under Section 31(1)(a) of the Child Act had been fulfilled by the prosecution,” she said, adding that the court was satisfied with the maximum evaluation of prosecution witnesses by the Sessions judge.
Noorin added that medical witnesses had testified that the 18 injuries and scars on Bella’s body were all non-accidental and not self-inflicted.
She said the Sessions judge did not err in his findings and he stated there was evidence that pointed to the appellate as the only person who had caused physical and emotional injuries on Bella.
On the evidence of two prosecution witnesses that was disputed by the defence, she said the court found it hard to conclude that the duo were making up stories against the appellant.
“Their statements were supported by evidence of medical experts, which were independent evidence that consistently found the injuries on the victim were non-accidental.
“As the victim is a special child, the evidence of prosecution witnesses had overall completed the narrative of the prosecution that she had been abused and neglected by the appellant, which caused her physical and emotional injuries.
“The court is satisfied that the prosecution had produced the required witnesses in the unfolding of this complete narrative to prove the essential evidence of the crime,” she said.
She added that Siti Bainun’s defence that Bella had been splashed with hot water only once clashed with the case narrative and evidence submitted by the prosecution.
“Prosecution witnesses, especially specialists, stated that their checks on the victim showed the injuries were not because of one incident, but it had happened at different times, and therefore, they were injuries that had healed. Their evidence was very consistent.”
Siti Bainun’s counsel, Haijan Omar, said they respected the court’s decision and would file another appeal.
However, Noorin dismissed Haijan’s application for a stay of execution of Siti Bainun’s jail term.