High Court judge Noorin Badaruddin said the court took a serious view of the unfounded allegations against the sessions court judge, after examining the evidence notes and proceedings in the sessions court.
The allegations were made in a written submission for Siti Bainun’s appeal against the sessions court judgment in May last year in which she was sentenced to 12 years’ jail on two counts of neglecting and abusing Bella.
The High Court in Kuala Lumpur upheld the conviction and prison sentence in May, after rejecting her appeal. The court’s judgment, dated Sept 6, was made available to the media today.
Noorin said Siti Bainun’s submission had alleged that sessions court judge Izralizam Sanusi had added facts, concealed evidence by summarising the proceedings’ notes, and had been biased by picking and choosing evidence presented by witnesses.
However, Noorin noted that “in fact, the appellant (Siti Bainun) had never made an application to compare the proceedings’ notes”.
She said: “There are no circumstances and grounds that could have been shown by the appellant to justify the allegations against the sessions court judge who made a decision in accordance with the law.”
Noorin said the court was satisfied that the judge did not err in finding the prosecution had proved Bella suffered physical and emotional harm while in the care of Siti Bainun.
She said the court found it difficult to believe that two prosecution witnesses had fabricated their stories against Siti Bainun. Their testimonies were supported by medical testimony or independent evidence.
“There is no evidence or circumstances to show that the two prosecution witnesses have the motive to backstab the appellant unless they themselves have witnessed the injury suffered by Bella, which according to one witness was done on the orders of the appellant,” Noorin said.
Siti Bainun is currently serving her sentence in Kajang prison, where she was taken on May 3 after her appeal was rejected. She was also ordered to sign a good behaviour bond for five years, and a bond of RM5,000 as well as perform 200 hours of community service which must be completed within six months after the end of her prison sentence.
Siti Bainun had been charged with neglecting and mistreating Bella resulting in the girl suffering physical and emotional injuries at a condominium unit in Wangsa Maju, between February and June 2021.