A 15-year-old boy has been acquitted of murdering his 16-year-old schoolmate at a secondary school in Bandar Utama last year after the High Court found that he was of unsound mind at the time of the incident.
Judge Adlin Abdul Majid ordered the boy to be detained and treated at Hospital Bahagia Ulu Kinta in Perak at the pleasure of the Sultan of Selangor.
The boy’s lawyer, Kitson Foong, told reporters after the closed-door proceedings that the defence had successfully established the requirements under Section 84 of the Penal Code, which provides for the defence of insanity, while the prosecution had failed to rebut it.
“As a result, the court acquitted the boy of the murder charge on the grounds of insanity,” he said.
Foong said the court order required the boy to receive treatment, counselling and medication at the psychiatric hospital until the Sultan of Selangor receives a report stating that he is fit to return to society and is no longer a threat to society.
He said any order for the boy’s release would come from the Sultan of Selangor upon the advice of psychiatric doctors at the appropriate time.
Foong said the court accepted the testimony and report of Hospital Bahagia Ulu Kinta director and forensic psychiatrist Ian Lloyd Anthony, who found that the boy was suffering from severe schizophrenia.
“He was not his normal self. He thought he was God and heard voices,” Foong said.
The judge’s decision was translated into Mandarin for the boy, who understood the proceedings and was aware of what was happening.
The boy will be sent to the hospital following today’s proceedings and will no longer be held at Puncak Alam Correctional Centre, where he had been detained since being charged with murder.
Judge reminds teen of gravity of offence
Foong said the judge had addressed the boy personally and reminded him of the seriousness of the offence.
“The judge reminded him that he had taken a life and that it was very serious.
“She also reminded him never to take for granted the liberty granted by the court, which gives him a second chance, and to be grateful for it,” he said.
Foong said the boy acknowledged that he had taken a life, as he had admitted in his unsworn statement.
He said the boy remained composed, understood the proceedings and recognised the severity of what had happened, while showing improvement with medication.
“The court explained every aspect and clarified the issues concerning his mental health.
“He listened to all the court’s findings, from what was wrong with him to what the court had decided. He listened and acknowledged that this was a real thing,” he said.
The victim’s mother was also present in court but is understood to have left through a different exit after the proceedings, avoiding the media waiting outside.
Foong said he hoped the victim’s family would not view the decision as an insult to the deceased.
He said the defence acknowledged the loss of a young life and the importance of honouring the victim.
“It is not that we have disregarded the interests of the deceased. However, today’s decision was based on the charges, the medical report and expert findings,” he said.
Defence says law provides children with a second chance
Foong said Malaysian law recognised that children below 18 could be treated and rehabilitated regardless of the offence committed.
“They are given a second chance so that they can change and turn their lives around.
“This is something that Parliament has recognised and provided for in the law. That is why, up to the age of 18, children are given that opportunity,” he said.
“Thankfully, by the grace of God, the court has given the boy that chance today,” he said, adding that he hoped the boy would be allowed to continue his studies while receiving treatment at the hospital.
The trial, which began on Aug 3, heard testimony from 11 prosecution witnesses, including the boy’s elder brother. The defence called two witnesses, namely the boy and Ian Lloyd.
Foong was assisted by lawyer Chew Jee San, while lawyer Nur Izni Syazwani Ahmad held a watching brief for the victim’s mother.
The prosecution was represented by deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz and Ahmad Iqbal Azman.
Lawyers Yasmeen Shariff and Jason Lim Jie Sheng held watching briefs for the Bar Council and Human Rights Commission of Malaysia respectively.
The boy had pleaded not guilty to murdering his Form Four schoolmate in the girls’ toilet of SMK Bandar Utama Damansara (4), Bandar Utama, Petaling Jaya, between 9.20am and 9.35am on Oct 14 last year.
The charge carries the death penalty, or imprisonment of between 30 and 40 years and 12 strokes of the rotan upon conviction.
However, under Section 97(1) of the Child Act, the death penalty cannot be imposed on a child who commits an offence while below 18.
Instead, Section 97(2) provides that a person convicted of such an offence shall be detained at the pleasure of the Yang di-Pertuan Agong if the offence was committed in the Federal Territories, or the Ruler or Yang di-Pertua Negeri if it was committed in a state.
In this case, the High Court ordered the boy to be detained and treated at Hospital Bahagia Ulu Kinta at the pleasure of the Sultan of Selangor after finding him to have been of unsound mind at the time of the incident.
