Zayn Rayyan's case: Reenactment videos of mother played in court
Judge Dr Syahliza Warnoh granted the application made by 28th prosecution witness Assistant Superintendent Mohd Hafizee Ismail,38, who was the senior investigating officer at Petaling Jaya district police headquarters Criminal Investigation Department.
"The court allows the prosecution's application for the videos (of reenactment) to be screened for admissibility purposes which the court will decide at the end of the prosecution's case," she ruled.
Earlier, lawyer Haresh Mahadevan, who acted for Ismanira and her husband, Zaim Ikhwan Zahari, both 30, had objected to the screening of the reenactment videos under Section 113 of the Criminal Procedure Code.
Haresh: Can I ask under which provision did the court make the decision?
Syahliza: The court will give its reason on the grounds of judgement.
Haresh, in his objection, had asked the judge to make an immediate decision on the issue of admissibility, and not at the end of the prosecution's case.
"So, Yang Arif is not following the authority statute of the court?" he asked.
Syahliza said the court had made its considerations and will make a decision at the end of the prosecution's case.
A few video clips were then played for identification purposes and Syahliza had asked Hafizee on how many there were.
"How many videos do we have because these were not given to the court? Please explain what videos are those?" she said.
Hafizee said that there were many videos and all of it had been cut.
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin had asked Hafizee to explain the videos screened for identification purposes.
"This video is the start which shows where it happened… the recording of the reenactment showed the deceased's disappearance..until.. and the second shows the location where the incident happened," he said.
Hafizee was unable to finish his statement after it was objected to by Haresh.
Raja Zaizul Faridah: The court had made its decision and parties should respect it. If there is dissatisfaction, an appeal can be filed.
Haresh: But if you ask the witness, the witness will say what she (Ismanira) had said.
Syahliza: The court will determine what could be prejudicial to the accused.
Syahliza, however, after viewing the beginning of several videos that contained statements from the accused, ordered for the screenings to stop.
"This is not a static reenactment video. Whatever it is, the court will make its decision based on the witness's overall evidence," she said.
In today's proceedings, Hafizee had concluded giving his testimonies in the examination-in-chief and he will be cross examined by the defence lawyers tomorrow.
The trial continues.
Also in the prosecution were deputy public prosecutors Aqharie Abdul Aziz and Nur Sabrina Zubairi.
The couple, both 30, are represented by Haresh and co-lawyer Ramzani Idris.
They claimed trial to a joint amended charge as persons having the care of Zayn Rayyan,6, who had allegedly neglected him in a manner likely to cause him physical injury.
They were accused of committing the offence from 12pm on Dec 5, 2023 until about 9.55pm on Dec 6, 2023 around the area of Block R, Apartment Idaman, Damansara Damai up to a nearby stream.
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