PUTRAJAYA: The Court of Appeal overturned a High Court decision to acquit a 54-year-old man of murdering his father on grounds of unsoundness of mind, ordering that he be called to enter his defence.
A three-judge panel led by Justice Datuk Azman Abdullah, on Tuesday (Sept 2), ruled that the High Court erred when acquitting Phang Kar Foong at the close of the prosecution’s case on the ground that he was insane, without first requiring him to enter his defence.
“Therefore, the order of acquittal is set aside, and the case is remitted back to the Ipoh High Court for the respondent (Phang) to enter his defence before the same judge,” he said.
The court further ordered that Phang be remanded in a suitable facility pending the continuation of the trial.
The appellate court panel also included Justices Datuk Azmi Ariffin and Datuk Noorin Badaruddin. The decision came after the court allowed the prosecution’s appeal against the High Court’s ruling.
Phang, who helped his father run a sundry shop, was accused of murdering Pang Ket Tai, 75, at a house on Jalan Besar, Kampung Baru Gunung Rapat in Ipoh, Perak. The alleged offence occurred between 10.30am and 6.30pm on Sept 12, 2020.
According to a psychiatric report by a consultant forensic psychiatrist from Hospital Bahagia Ulu Kinta, Phang was diagnosed with bipolar disorder with psychotic features. The report also noted that while in the ward, he inflicted injuries on his own eyes and underwent eye surgery. As a result of those injuries, his vision has been impaired in both eyes.
On Sept 30, last year, the High Court acquitted Phang without ordering him to enter his defence on the murder charge and subsequently ordered him to be detained at Hospital Bahagia Ulu Kinta, Tanjung Rambutan, Perak, at the discretion of His Royal Highness the Sultan of Perak under Section 348(2) of the Criminal Procedure Code.
During the appeal before the appellate court, lawyer Gurbachan Singh, representing Phang, defended the High Court’s decision, maintaining that the prosecution had established both medical and legal insanity under Section 84 of the Penal Code through the psychiatric report.
However, deputy public prosecutor Solehah Noratikah Ismail submitted that the High Court’s decision was premature and inconsistent with the provisions and established legal principles regarding the defence of insanity under Section 84 of the Penal Code.
She said the High Court had wrongly relied on a Court of Appeal ruling in PP v Mohd Rozani Yahaya case, which was later overturned by the Federal Court.
She said the Federal Court, in October last year, in the PP v Mohd Rozani Yahaya case, held that acquitting the accused before the defence was called, amounted to acquitting the accused before the defence of insanity was proven, constituted a serious error of law. – Bernama
