KUALA LUMPUR: The Sessions Court today rejected Siti Bainun Ahd Razali's application to obtain statements made by 15 prosecution witnesses to the police during the case's investigation.
Siti Bainun, on Dec 5, through her counsels, had submitted the application to obtain those documents, in accordance with Section 112 of the Criminal Procedure Code (CPC).
Sessions Court judge Izralizam Sanusi rejected the application today on account that the statements are privileged documents, as accorded by the law, despite the 15 prosecution witnesses being offered to the defence at the end of the prosecution case.
He said the only circumstances that allowed those statements to be given to the defence, is only to refute or challenge their credibilities.
Izralizam also ruled that he would need more time to deliberate on Siti Bainun's second application, which was to recall three prosecution witnesses to testify at the defence stage, in line with Section 173 of CPC.
He ruled that the court would need reasons for the defence to recall those witnesses, including former Rumah Bonda resident Yasmeen Nahar, as well as ordering the defence to submit a complete witness list to be called to testify.
This, he said, was to ensure that the second application was not a delay tactic or would impact in defeating the end of justices.
The Sessions Court has fixed 9 days in January, seven days in February and 11 days in March next year for Siti Bainun Ahd Razali to defend herself against two criminal charges.
The dates are 5 to 6, 16 till 20, 26 to 27 in January (9 days); February 20 till 24, 27 and 28 (seven days), and March 6 to 10 and 27 to 30 (9 days).
On Nov 24, Sessions Court judge Izralizam Sanusi has fixed December 5 to 9 for Siti Bainun to defend herself against two charges of neglecting and abusing Down Syndrome's Bella.
However, the trial dates have been vacated due to the accused health complication, where she has been given a 22-day medical certificate (MC).
Siti Bainun, 30, is facing two counts of neglecting and abusing a victim referred to as Bella, to the point that she suffered physical and emotional injuries.
The offences were allegedly committed at a condominium in Wangsa Maju here, between February and June 2021.
The offence under Section 31(1)(a) of the Child Act 2001, carries a jail sentence of up to 20 years or a fine of RM50,000 or both.