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27 July 2024

Defence in Zayn Rayyan's death ordered to report contents in TikTok that are contempt of court



Defence in Zayn Rayyan's death ordered to report contents in TikTok that are contempt of court

Bernama

26/07/2024
Lawyer Fahmi Abd Moin, representing Zayn Rayyan's parents,told the court that five TikTok accounts had made videos with live broadcasts on the case that are subjudicial. - BERNAMA

PETALING JAYA: The Sessions Court here today ordered the defence in autistic boy Zayn Rayyan Abdul Matiin's death to report to the relevant authorities if there is content in social media regarding the case that invites sub judice comments contemptuous of the court.

Judge Dr Syahliza Warnoh decided the matter after lawyer Fahmi Abd Moin, representing Zayn Rayyan's parents, Zaim Ikhwan Zahari and Ismanira Abdul Manaf, told the court that five TikTok accounts had made videos with live broadcasts on the case that are subjudicial.

She said the court had issued a gag order during the proceedings.

"But, if there are further complaints about this matter, the defence can complain to the relevant authorities.

"The court wants to remind all parties again, especially the public, not to make subjudicial comments that are in contempt of court," she said.

Earlier, Fahmi, assisted by lawyer Ilyani Khuszairy, informed the court that five TikTok accounts uploaded videos, which he said were aimed at making subjudicial and damaging comments to the case.

He said they were CEO Zayn Rayyan, MyrasKitchen00, cikpika_pika_ii, BeMalaysian2.0 and MalaikatMaut382 and likened their act to cyberbullying both the accused and the defence in the case.

"We request that the five operators of these accounts be subject to a prohibition order and if they violate the order, our client will make a report police," said Fahmi.

Meanwhile, Deputy Public Prosecutor Nurul Qistini Qamarul Abrar said the prosecution had not the time yet to check the TikTok accounts as they were only notified about the matter today.

"We request the defence to make a new application accompanied by an affidavit to be shown to the court. At this stage, we feel that the request (by the defence) is premature," but I leave it to the discretion of the court," he said.

Fahmi then requested the court to issue a judicial notice as a warning to the five TikTok account holders.

On June 13, Zaim Ikhwan and Ismanira were jointly charged at the Sessions Court with neglecting their six-year-old son, which may have caused him physical injury last year.

They both pleaded not guilty.

They were alleged to have committed the offence between noon on Dec 5 and about 9.55 pm the following day (Dec 6) at Jalan PJU 10/1 in Damansara Damai here.

The couple was charged Section 31 (1)(a) of the Child Act 2001, read together with Section 34 of the Penal Code, and is punishable under Section 31(1) of the Child Act which provides a maximum fine of RM50,000 or jail for not more than 20 years or both upon conviction.

Zayn Rayyan was found on Dec 6 last year in a stream near his home at Idaman Damansara Damai Apartments here, a day after he was reported missing.

The child is believed to have been murdered, as the autopsy revealed injuries on his neck and body indicating a struggle.

-- BERNAMA

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