The 15-year-old boy charged with killing his schoolmate at SMK Bandar Utama Damansara (4) last year has apologised for the incident, reading his unsworn statement from the dock at Shah Alam High Court today.
Earlier, judge Adlin Abdul Majid ordered the boy to defend himself against a murder charge, after the prosecution established a prima facie case against him.
He was presented with three options: testify under oath; give an unsworn statement from the dock, which meant he could not be cross-examined; or remain silent, which would allow the court to proceed to convict him.
The boy’s lawyer, Kitson Foong, told the media that his client chose the second option, and the statement was read out in Mandarin.
“He expressed his apologies for the events that transpired, which resulted in the (victim’s) death,” Foong said when met during court lunch break.
The trial is being held in closed proceedings as it involves a minor.
Defence of legal insanity
Foong added that the defence then called Hospital Bahagia Ulu Kinta director and psychiatric specialist Dr Ian Lloyd Anthony as its second witness and the case’s only expert witness so far.
“We called Ian as our witness to substantiate our defence of legal insanity as per Section 84 of the Criminal Procedure Code, which is a defence we intend to present throughout the case,” he said.
Section 84 states that an act committed by a mentally ill person is not an offence.
“So, he (the expert witness) testified today in detailing when the boy was referred to him, up to his evaluation of the boy’s mental state.
“Among the questions I raised during examination in chief to the witness touched on the definitions of several psychiatric terms such as psychosis and schizophrenia, among others,” Foong added.
Foong further said that the expert witness elaborated his findings by providing explanations and examples of how these mental conditions manifest, including what occurred in the boy’s mind.
“He wasn’t experiencing just a single illusion but multiple illusions simultaneously. All of these were happening (in the boy’s mind) at that time of the incident.
“The witness’ evaluation also revealed that the boy was suffering from a mental illness for over five years.
“Typically, when someone has a mental illness, doctors or hospitals would urge them to seek treatment as soon as possible, usually within 28 months, when the condition can be fully treated, and symptoms managed with medication.
“However, five years had passed. Compared to the 28-month window, you’d realise just how much more serious the situation becomes. It was an untreated illness.”
The court will resume in the afternoon.
The boy was charged at the Petaling Jaya Magistrates’ Court on Oct 22 last year under Section 302 of the Penal Code with killing his 16-year-old schoolmate on Oct 14, between 9.20am and 9.35am.
However, no plea was recorded at that time, as murder cases fall under the High Court’s jurisdiction. The charge carries a death penalty, or a maximum of 30 years’ imprisonment and a maximum of 12 strokes of the cane.
He then pleaded not guilty when the case was brought before the Shah Alam High Court on Feb 12 this year.
The victim, Yap Shing Xuen, was fatally stabbed at the school’s girls’ toilet. She was laid to rest on Oct 20. - Mkini
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