PUTRAJAYA: The Court of Appeal today upheld a Sessions Court’s decision in imposing a fine of RM25,000 against a housewife for neglect and negligence over the death of her six-year-old son in 2014.
A three-man bench comprising Justices Datuk Wira Mohtarudin Baki, Datuk Abdul Karim Abdul Jalil and Datuk Steven Chung Hian Guan also reinstated the fine of RM15,000 imposed by the Sessions Court on the deceased’s step father.
They also allowed the prosecution’s appeal to set aside the decision of a High Court which ordered a retrial of the case.
This was after the prosecution, conducted by deputy public prosecutor Mohd Zain Ibrahim, and the couple’s lawyer, Datuk Hazman Ahmad, informed the court that they would raise similar issues over the legality of the High Court’s order for the case to be retried.
Mohd Zain said the prosecution sought the court to reinstate the Sessions Court’s decision in imposing the fine on the couple, Nor Zuliana Tahir and her husband Zuhairi Kassim.
Hazman said the defence took the view that the decision of the High Court for the case to be retried was wrong in law as the judge made that decision on grounds that the prosecution did not tender the written facts of the case.
On May 9, 2016, Nor Zuliana, 36, pleaded guilty to neglecting and negligence that led to the death of her son from her first marriage Muhammad Akhil Mustaqim Rasidy at the Permai Ria apartments in Tasik Permai, Ampang, between May 23 and 26, 2014.
Nor Zuliana was fined RM15,000, in default 15 months jail, for neglect and RM10,000, in default 10 months jail, for negligence ,while Zuhairi, 40, a taxi driver, was fined RM15,000, in default 10 months jail, after he pleaded guilty on a joint charge of neglect towards Muhammad Akhil. They paid the fine.
The prosecution appealed to the High Court on the sentence. The High Court judge instead ordered the case to be retried, prompting the prosecution to bring an appeal to the Court of Appeal. — Bernama
