PUTRAJAYA: The Court of Appeal today dismissed the prosecution’s appeal to order a mentally unsound man to enter his defence for the murder of a fellow villager five years ago.
Justice Vazeer Alam Mydin Meera, who led a three-member bench, said the High Court judge did not err in law and facts in finding that Rozani Yahaya did commit the offence but that he was incapable of knowing the nature of the unlawful act.
“The defence had also discharged the burden of proof on insanity through prosecution witnesses under Section 105 of the Evidence Act,” said Vazeer who sat with Justices Azman Abdullah and SM Komathy.
Rozani, 44, used an iron rod to kill Ab Halim Che Yusoff at Kampung Apa Apa Bunut in Pasir Mas Kelantan at about 12.30pm on Jan 25, 2018.
On March 15 last year, Justice Wan Ahmad Farid Wan Salleh ordered Rozani to be held at the pleasure of the Sultan of Kelantan at Hospital Bahagia in Ulu Kinta, Perak, as allowed under the Criminal Procedure Code.
Wan Farid in his judgment said consultant psychiatrist Dr Yeoh Chia Minn had testified that Rozani was suffering from schizophrenia in remission, mild intellectual disability and was drug dependent since 2004.
The judge, however, said Yeoh only examined Rozani on Oct 30, 2018, nine months after the incident, which amounted to a long period.
However, he said, a policeman who knew Rozani for a long time had given evidence that the latter was under observation for drug dependence and was of unsound mind.
Counsel Ranjit Singh, who was assisted by Robin Lim, today submitted that the defence had on the balance of probabilities discharged the burden of proof through prosecution witnesses that his client was insane.
Deputy public prosecutor Fuad Aziz submitted that the respondent must enter his defence and it was for the court to decide whether the defence of insanity was available to Rozani. - FMT
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