Lawyers Claim Police's Attempt To Get Zayn Rayyan's Mum To Plead Guilty Is Illegal
A controversy has erupted after the lawyers accused the police of being uncooperative.
The investigation into Zayn Rayyan Abdul Matiin's murder took a dramatic turn today, 12 June, when the police brought his mother to the Petaling Jaya Magistrate's Court to get her to record a guilty plea
However, the lawyers for both parents have objected to the police's application to record the mother's guilty plea, saying the police were in the wrong and that this could hurt their case if she is charged.
Image via Harian Metro
Why?
According to the lawyers, Fahmi Abd Moin and Mahmud Jumaat, today's proceeding was strange.
"It is illegal," Fahmi said, claiming that the police used the wrong law.
Mahmud said police had brought the mother, Ismanira Abdul Manaf, to the Magistrate's Court in Petaling Jaya to record a certain "confession" under Section 26(1) of the Evidence Act 1950.
The lawyers said that she didn't plead guilty but gave a statement about what happened.
Section 26(1) of the Evidence Act states that no confession made by anyone under police custody shall be admissible as evidence against that person unless it is made in front of a sessions court judge or magistrate.
"The police should make the application under Section 115 of the Criminal Procedure Code but that provision has been abolished. Therefore, Section 26(1) of the Evidence Act is not relevant to record any guilty plea before a magistrate. There are no specific grounds to make this application.
"We say it is prejudicial to the mother, and the father, who was not produced in court today. This application can also affect any defence later if they are charged," he said after the proceedings.
The lawyers claim that they weren't informed beforehand and only found out from the media that Ismanira was being brought to court
"We arrived here at 11am only to learn later that the proceedings could have taken place as early as 9.30am, where Ismanira was brought to the magistrate's court for a confession to be made," Famhi said.
According to him, they questioned the investigating officer as to why they were not informed earlier.
"We have not been able to meet our clients and they were deprived of their rights to lawyers. However, we understand this is an investigation process and this case is sensitive and we leave it to the police to conduct their duties. But thanks to the media, at least our clients have representation today," he added.
Fahmi Abd Moin (left), one of the lawyers representing Zayn Rayyan's parents.
Image via Hairul Anuar Rahim/Harian Metro
Both Ismanira and her husband, Zaim Ikhwan Zahari, are currently serving their 13-day remand, which will expire tomorrow, 13 June
"There will be no more extension to the remand order.
"Tomorrow is the day of decision. I believe the investigation paper is with the Attorney-General's Chambers and we will know who will be released or who will be charged," Fahmi was quoted as saying.
UPDATE:
Catch up on the case here:
Meanwhile, the family of a 17-year-old boy who died after eating contaminated food from a programme at a religious school in Selangor, said that they do not want to blame anyone for the tragedy:
Check out more trending stories on SAYS:
Leave a comment